OAR Chapter 461 — Department of Human Services, Self-Sufficiency Programs

Division 1 GENERAL DEFINITIONS AND RULEMAKING

Or. Admin. R. 461-001-0000 Definitions for Chapter 461

Defined terms are often italicized throughout this chapter of rules. If a defined term is accompanied by a cross-reference to a rule defining the term, subsequent usages of that term in the same rule refer to the same definition cross-referenced earlier in the rule. In this chapter of rules, unless the context indicates otherwise:

(1) A reference to Division, Adult and Family Services Division (or AFS), Senior and Disabled Services Division (or SDSD), Department of Human Services (DHS), or any other agency formerly part of the Oregon Department of Human Services means the Oregon Department of Human Services (ODHS), except:

(a) The rule in which reference occurs only regulates programs covered by OAR chapter 461.

(b) Eligibility rules for HSD medical programs (see section (34) of this rule) are in OAR chapter 410, division 200.

(2) "Address Confidentiality Program" (ACP) means a program of the Oregon Department of Justice, which provides a substitute mailing address and mail forwarding service for ACP participants who are survivors of domestic violence (see section (25) of this rule), sexual assault, or stalking.

(3) "Adjusted income" means the amount determined by subtracting income deductions from countable (see section (19) of this rule) income (see OAR 461-140-0010). Specific rules on the deductions are in OAR chapter 461, division 160.

(4) "Adoption assistance" means financial assistance provided to families adopting children with special needs. "Adoption assistance" may be state or federally funded. Federal adoption assistance is authorized by the Adoption Assistance and Child Welfare Act of 1980 (Pub. L. No. 96-272, 94 Stat. 500 (1980)). State adoption assistance is authorized by ORS 418.330 to 418.335.

(5) "Assets" mean income and resources.

(6) "Basic decision notice" means a decision notice (see section (21) of this rule) mailed no later than one of the following:

(a) The date of action given in the notice.

(b) When suspending medical assistance due to incarceration, the date the suspense action was taken.

(7) “Blind Work Expenses” has the meaning given in OAR 461-001-0035.

(8) "Branch office" means any Department or AAA (Area Agency on Aging) office serving a program covered by this chapter of rules.

(9) "Budgeting" means the process of calculating the benefit level.

(10) "Budget month" means the calendar month from which nonfinancial and financial information is used to determine eligibility (see section (28) of this rule) and benefit level for the payment month (see section (50) of this rule).

(11) "Cafeteria plan" means a written benefit plan offered by an employer in which:

(a) All participants are employees; and

(b) Participants may choose, cafeteria-style, from a menu of two or more cash or qualified benefits. In this context, qualified benefits are benefits other than cash that the Internal Revenue Service does not consider part of an employee's gross income. Qualified benefits include, but are not limited to:

(A) Accident and health plans (including medical plans, vision plans, dental plans, accident and disability insurance);

(B) Group term life insurance plans (up to $50,000);

(D) Certain stock bonus plans under section 401(k)(2) of the Internal Revenue Code (but not 401(k)(1) plans).

(12) "Capital asset" means property that contributes toward earning self-employment income, either directly or indirectly. A "capital asset" generally has a useful life of over one year and a value, alone or in combination, of $100 or more.

(13) "Caretaker" means an individual who is responsible for the care, control, and supervision of a child (see section (16) of this rule). The status of "caretaker" ends once the individual no longer exercises care, control, and supervision of the child for 30 days.

(14) "Caretaker relative" means an individual with whom the dependent child (see section (23) of this rule) is living, who assumes primary responsibility for the care of the dependent child , and:

(a) Is a biological, step, or adoptive relative of the dependent child ; or

(b) Is the spouse of an individual described in subsection (a), even after the marriage is terminated by death or divorce.

(15) "Certification period" means the period for which an individual is certified eligible for a program.

(16) "Child" includes natural, step, and adoptive children. The term "child" does not include an unborn.

(a) In the General Assistance (GA) program, a "child" is an individual under the age of 18.

(b) For Medicare Savings Programs (see section (45) of this rule) and the Oregon Supplemental Income Program Medical (OSIPM), "child" means an unmarried individual who:

(A) Is not considered a decision-maker in the household;

(B) Is under the age of 18; and

(c) In the Refugee Assistance (REF) and Refugee Assistance Medical (REFM) programs, a "child" is an individual who is not an emancipated minor and is under the age of 18.

(17) "Community-based care" is any of the following:

(a) Adult foster care — Room and board and 24-hour care and services for the elderly or for people with disabilities 18 years of age or older. The care is contracted to be provided in a home for five or fewer individuals.

(b) Assisted living facility — A program approach, within a physical structure, which provides or coordinates a range of services, available on a 24-hour basis, for support of resident independence in a residential setting.

(d) Residential care facility — A facility that provides residential care in one or more buildings on contiguous property for six or more individuals who have physical disabilities or are socially dependent.

(e) Specialized living facility — Identifiable services designed to meet the needs of individuals in specific target groups which exist as the result of a problem, condition, or dysfunction resulting from a physical disability or a behavioral disorder and require more than basic services of other established programs.

(f) Independent choices — In-Home Services program wherein the participant is given cash benefits to purchase self-directed personal assistance services or goods and services provided pursuant to a written service plan (see OAR 411-030-0020).

(18) "Continuing benefit decision notice" means a decision notice that informs the individual of the right to continued benefits and is mailed in time to be received by the date benefits are, or would be, received.

(19) "Countable" means that an available asset (either income or a resource) is not excluded and may be considered by some programs to determine eligibility .

(20) "Custodial parents" mean parents who have physical custody of a child . "Custodial parents" may be receiving benefits as dependent children or as caretaker relatives for their own children.

(21) "Decision notice" means a written notice of a decision by the Department regarding an individual's eligibility for benefits in a program.

(22) "Department" means the Oregon Department of Human Services (ODHS).

(23) "Dependent child" in the Temporary Assistance for Needy Families (TANF) program means an individual who has not been legally emancipated and who is one of the following:

(a) An individual who is not a caretaker relative (see section (14) of this rule) of a child in the household, is unmarried or married but separated, and is under the age of 18, or 18 years of age and a full time student in secondary school or the equivalent level of vocational or technical training; or

(b) A minor parent (see section (46) of this rule) whose parents have chosen to apply for benefits for the minor parent . This does not apply to a minor parent who is married and living with their spouse .

(24) "Disability" means:

(a) In the Supplemental Nutrition Assistance Program (SNAP), see OAR 461-001-0015.

(b) In the REF, State Family Pre-SSI/SSDI (SFPSS), Temporary Assistance for Domestic Violence Survivors (TA-DVS), and TANF programs, for purposes other than determining eligibility :

(A) An individual with a physical or mental impairment that substantially limits the individual's ability to meet the requirements of the program; or

(B) An individual with a physical or mental impairment that substantially limits one or more major life activities, a record of such impairment, or who is regarded as having such an impairment as defined by the Americans with Disabilities Act (42 USC 12102; 28 CFR 35.104).

(25) "Domestic violence" means the occurrence of one or more of the acts described in subsections (a) to (d) of this section between family members, intimate partners, or household members:

(a) Attempting to cause or intentionally, knowingly, or recklessly causing physical injury or emotional, mental, or verbal abuse.

(b) Intentionally, knowingly, or recklessly placing another in fear of imminent serious physical injury.

(d) Using coercive or controlling behavior.

(e) As used in this section, "family members" and "household members" mean any of the following:

(A) Spouse ;

(B) Former spouse ;

(D) Individuals who are cohabitating or have cohabited with each other;

(E) Individuals who have been involved in a sexually intimate or dating relationship; or

(F) Unmarried parents of a child .

(26) "Domestic violence shelters" are public or private nonprofit residential facilities providing services to survivors of domestic violence . If the facility serves other people, a portion must be used solely for survivors of domestic violence .

(27) "Electronic application" is an application electronically signed and submitted through the Internet.

(28) "Eligibility" means the decision as to whether an individual qualifies, under financial and nonfinancial requirements, to receive program benefits.

(29) "Equity value" means fair market value (see section (30) of this rule) minus encumbrances.

(30) "Fair market value" means the amount an item is worth on the open market.

(31) "Family stability" in the Job Opportunity and Basic Skills (JOBS), Pre-TANF, SFPSS, TA-DVS, and TANF programs means the characteristics of a family that support healthy child development, including parental mental health, drug and alcohol free environment, stable relationships, and a supportive, flexible, and nurturing home environment.

(32) "Family stability activity" in the JOBS, Pre-TANF, SFPSS, TA-DVS, and TANF programs means an action or set of actions taken by an individual, as specified in a case plan, intended to promote the ability of one or both parents to achieve or maintain family stability (see section (31) of this rule).

(33) "Financial institution" means a bank, credit union, savings and loan association, investment trust, or other organization held out to the public as a place receiving funds for deposit, savings, checking, or investment.

(34) “HSD medical programs” means all programs administered by the Health Systems Division (HSD). These medical programs are described in OAR 410-200-0015 and governed under chapter 410 division 200.

(35) “Impairment-Related Work Expenses” have the meaning found in OAR 461-001-0035.

(36) "Income producing property" means:

(a) In all programs except Medicare Savings Programs and OSIPM, real or personal property that generates income for the financial group (see OAR 461-110-0530). Examples of "income producing property" are:

(A) Livestock, poultry, and other animals.

(B) Farmland, rental homes (including a room or other space in the home or on the property of a member of the financial group ), vacation homes, and condominiums.

(b) For Medicare Savings Programs and OSIPM, "income-producing property" means any real or personal property not used in self-employment (see OAR 461-145-0600 and 461-145-0915) that produces income for the financial group . "Income-producing property" includes:

(A) Livestock, poultry, or other animals that produce marketable products sold by the financial group .

(B) Farmland not excluded under OAR 461-145-0220 that is farmed or rented out by the financial group .

(A) Rooms or other space for rent in the home (see OAR 461-145-0220).

(B) Livestock, poultry, or other animals kept for resale (see OAR 461-145-0010).

(37) "Initial month" of eligibility means any of the following:

(a) In all programs, the first month a benefit group (see OAR 461-110-0750) is eligible for a program benefit in Oregon after a period during which the group is not eligible.

(b) In all programs except the SNAP program, the first month a benefit group is eligible for a program benefit after there has been a break in the program benefit of at least one full calendar month. If benefits are suspended for one month, that is not considered a break.

(A) The first month for which the benefit group is certified following any period during which they were not certified to participate, except for migrant and seasonal farm workers (see OAR 461-001-0015).

(B) For migrant and seasonal farmworkers , the first month for which the benefit group is certified following any period of one month or more during which they were not certified to participate.

(d) For a new applicant for Department-paid nursing facility services or home and community-based care (see OAR 461-001-0030), for the purposes of calculating the correct divisor in OAR 461-140-0296, the month in which the individual would have been eligible had it not been for the disqualifying transfer of assets (see section (5) of this rule).

(e) For a current recipient of Department-paid nursing facility services or home and community-based care, for the purpose of calculating the correct divisor in OAR 461-140-0296, the month the disqualifying transfer occurred.

(38) "In-kind income" means income in a form other than money (such as food, clothing, cars, furniture, and payments made to a third party).

(39) "Legally married" means a marriage uniting two individuals according to:

(a) The statutes of the state where the marriage occurred;

(b) Except in the SNAP program, the common law of the state in which the two individuals previously resided while meeting the requirements for common law marriage in that state; or

(c) The laws of a country in which the two individuals previously resided while meeting the requirements for legal or cultural marriage in that country.

(40) "Life estate" means the right to property limited to the lifetime of the individual holding it or the lifetime of some other individual. In general, a "life estate" enables the owner of the "life estate" to possess, use, and obtain profits from property during the lifetime of a designated individual while actual ownership of the property is held by another individual. A "life estate" is created when an individual owns property and then transfers ownership to another individual while retaining, for the rest of the individual's life, certain rights to that property. In addition, a "life estate" is established when a member of the financial group purchases a "life estate" interest in the home of another individual.

(41) "Lodger" means someone who---

(a) Is living with an individual receiving Department benefits;

(b) Is not a member of the individual’s filing group (see OAR 461-110-0310); and

(A) In all programs except Medicare Savings Programs and OSIPM, for room and board.

(B) For Medicare Savings Programs and OSIPM, for room with or without board.

(42) "Long term care" means the system through which the Department provides a broad range of social and health services for extended periods of time to eligible adults who are aged, blind, or have disabilities. This includes nursing facilities and the Oregon State Hospital.

(43) "Lump-sum income" means earned or unearned income received too infrequently or irregularly to be reasonably anticipated, or received as a one-time payment. "Lump-sum income" includes but is not limited to:

(a) Retroactive benefits covering more than one month, whether received in a single payment or several payments.

(b) Income from inheritance, gifts, winnings, and personal injury claims.

(44) "Marriage" means the union of two individuals who are legally married (see section (39) of this rule).

(45) “Medicare Savings Programs” means Medicaid programs that provide payment for Medicare-related expenses. When used alone in a rule, “Medicare Savings Programs” refers to all the individual programs listed in subsections (a) through (d) below. “Medicare Savings Programs” are also referred to as “QMB programs” in Chapter 461 rules.

(a) Qualified Disabled and Working Individual (QDWI)

(b) Qualifying Individual (QI)

(d) Specified Low-Income Medicare Beneficiary (SLMB)

(46) "Minor parent" in the TANF program means a parent under the age of 18.

(47) "Nonstandard living arrangement" is defined as follows:

(a) For Medicare Savings Programs and OSIPM, an individual is considered to be in a "nonstandard living arrangement" when the individual is applying for or receiving services in any of the following locations:

(A) A nursing facility in which the individual receives long-term care services paid with Medicaid funding, except this subsection does not apply to a Medicare recipient in a skilled-stay nursing facility.

(B) An intermediate care facility for individuals with intellectual disabilities (ICF/ID).

(D) A community-based care (see section (17) of this rule) setting, except a State Plan Personal Care (SPPC) setting is not considered a "nonstandard living arrangement".

(b) In all programs except Medicare Savings Programs and OSIPM, "nonstandard living arrangement" means each of the following locations:

(A) Foster care.

(B) Residential Care facility.

(D) Shelter for individuals experiencing homelessness or domestic violence shelter.

(E) Lodging house if paying for room and board.

(F) Correctional facility.

(G) Medical institution.

(48) "Ongoing month" means one of the following:

(a) For all programs except the SNAP program, any month following the initial month (see section (37) of this rule) of eligibility , if there is no break in the program benefit of one or more calendar months.

(b) For the SNAP program, any month in the certification period (see section (15) of this rule) following the initial month of eligibility .

(49) "Parent" for all programs except Job Participation Incentive (JPI) (see OAR 461-135-1260) and the SNAP program means the biological or legal parent of an individual or unborn. For JPI and the SNAP program, "parent" means the biological or legal parent of an individual.

(a) If the person who gave birth (parent 1) to the child lives with an individual (parent 2) and either parent 1 or parent 2 claims that parent 2 is the other biological parent of the child or unborn, and no one else claims to be the other biological parent, parent 2 is treated as a parent even if parentage has not been legally established.

(b) A stepparent relationship exists if:

(A) The individual is legally married to the child's biological or adoptive parent; and

(B) The marriage has not been terminated by legal separation, divorce, or death.

(c) A legal adoption erases all prior legal and biological relationships and establishes the adoptive parent as the legal parent. However, the biological parent is also considered a "parent" if both of the following are true:

(A) The child lives with the biological parent; and

(B) The legal parent has given up care, control, and supervision of the child .

(50) "Payment month" means, for all programs except Emergency Assistance (EA), the calendar month for which benefits are issued.

(51) "Payment period" means, for EA, the 30-day period starting with the date the first payment is issued and ending on the 30th day after the date the payment is issued.

(52) "Periodic income" means income received on a regular basis less often than monthly.

(53) "Primary person" for all programs except the SNAP program, means the filing group member who is responsible for providing information necessary to determine eligibility and calculate benefits. The "primary person" for individual programs is as follows:

(a) In the TANF program, the parent or caretaker relative .

(b) In the SNAP program, see OAR 461-001-0015.

(54) "Qualified Partnership Policy" means a long-term care insurance policy meeting the requirements of OAR 836-052-0531 that was either:

(a) Issued while the individual was a resident in Oregon on January 1, 2008 or later; or

(b) Issued in another state while the individual was a resident of that state on or after the effective date of that state's federally approved State Plan Amendment to issue qualified partnership policies.

(55) "Real property" means land, buildings, and whatever is erected on or affixed to the land and taxed as "real property".

(56) "Reimbursement" means money or in-kind compensation provided specifically for an identified expense.

(57) "Safe homes" mean private homes that provide a few nights lodging to survivors of domestic violence . The homes must be recognized as such by the local domestic violence agency, such as crisis hot lines and shelters.

(58) "Shelter costs" mean, in all programs except the SNAP program, housing costs (rent or mortgage payments, property taxes) and utility costs, not including cable TV or non-basic telephone charges. In the SNAP program, see OAR 461-160-0420.

(59) "Shelter‑in‑kind" means an agency or individual outside the financial group provides the shelter of the financial group , or makes a payment to a third party for some or all of the shelter costs (see section (58) of this rule) of the financial group . "Shelter-in-kind" does not include temporary shelter provided by a domestic violence shelter, shelter for individuals experiencing homelessness, or residential alcohol and drug treatment facilities or situations where no shelter is being provided, such as sleeping in a doorway, park, or bus station.

(60) "Sibling" means the brother or sister of an individual. "Biologically-related" means they share at least one biological or adoptive parent. "Step" means they are not related biologically, but are related by the marriage of their parents.

(61) "Spousal support" means income paid (voluntarily, per court order, or per administrative order) by a separated or divorced spouse to a member of the financial group .

(62) "Spouse" means an individual who is legally married to another individual.

(63) "Stable income" means income that is the same amount each time it is received.

(64) "Standard living arrangement" means a location that does not qualify as a nonstandard living arrangement .

(65) "Teen parent" means, in the JOBS, REF, REFM, and TANF programs, a parent who is the age of 18 or 19.

(66) "Timely continuing benefit decision notice" means a decision notice that informs the individual of the right to continued benefits and is mailed no later than the time requirements in OAR 461-175-0050.

(67) "Trust funds" mean money, securities, or similar property held by an individual or institution for the benefit of another individual.

(68) "USDA meal reimbursements" mean cash reimbursements made by the Oregon Department of Education for family day-care providers who serve snacks and meals to children in their care.

(69) "Variable income" means earned or unearned income that is not always received in the same amount each month.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.706, 411.816, 412.006, 412.014, 412.049, 413.085 & 414.619
Statutes/Other Implemented: ORS 409.010, 409.050, 411.060, 411.070, 411.404, 411.816, 411.837, 412.001, 412.006, 412.014, 412.049, 413.085 & 414.619
SSP 29-2025, amend filed 12/29/2025, effective 01/01/2026
SSP 41-2024, amend filed 06/20/2024, effective 07/01/2024
SSP 30-2024, amend filed 03/26/2024, effective 04/01/2024
SSP 21-2023, amend filed 06/22/2023, effective 07/01/2023
SSP 53-2021, minor correction filed 12/13/2021, effective 12/13/2021
SSP 45-2020, amend filed 12/22/2020, effective 01/01/2021
SSP 21-2020, amend filed 07/08/2020, effective 07/08/2020
SSP 8-2019, amend filed 03/13/2019, effective 04/01/2019
SSP 33-2017, amend filed 12/08/2017, effective 01/01/2018
SSP 23-2017, f. 9-11-17, cert. ef. 10-1-17
SSP 40-2016, f. & cert. ef. 11-1-16
SSP 35-2016, f. 9-30-16, cert. ef. 10-1-16
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 15-2016, f. & cert. ef. 4-1-16
SSP 36-2015, f. 12-23-15, cert. ef. 1-1-16
SSP 29-2015(Temp), f. & cert. ef. 10-1-15 thru 3-28-16
SSP 25-2015, f. 9-29-15, cert. ef. 10-1-15
SSP 11-2015, f. 3-13-15, cert. ef. 4-1-15
SSP 24-2014, f. & cert. ef. 10-1-14
SSP 18-2014(Temp), f. & cert. ef. 7-1-14 thru 12-23-14
SSP 15-2014, f. & cert. ef. 7-1-14
SSP 14-2014(Temp), f. & cert. ef. 6-26-14 thru 12-23-14
SSP 9-2014, f. & cert. ef. 4-1-14
SSP 39-2013(Temp), f. 12-31-13, cert. ef. 1-1-14 thru 6-30-14
SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 29-2013(Temp), f. & cert. ef. 10-1-13 thru 2-19-14
SSP 24-2013, f. & cert. ef. 10-1-13
SSP 22-2013(Temp), f. & cert. ef. 8-23-13 thru 2-19-14
SSP 30-2012, f. 9-28-12, cert. ef. 10-1-12
SSP 17-2012(Temp), f. & cert. ef. 5-1-12 thru 10-28-12
SSP 25-2011, f. 9-30-11, cert. ef. 10-1-11
SSP 41-2010, f. 12-30-10, cert. ef. 1-1-11
Reverted to SSP 13-2009, f. & cert. ef. 7-1-09
SSP 29-2009(Temp), f. & cert. ef. 10-1-09 thru 3-30-10
SSP 13-2009, f. & cert. ef. 7-1-09
SSP 5-2009, f. & cert. ef. 4-1-09
SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09
SSP 23-2008, f. & cert. ef. 10-1-08
SSP 17-2008, f. & cert. ef. 7-1-08
SSP 8-2008, f. & cert. ef. 4-1-08
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 14-2007, f. 12-31-07, cert. ef. 1-1-08
SSP 15-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 3-29-08
SSP 10-2007, f. & cert. ef. 10-1-07
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05
AFS 27-2001, f. 12-21-01, cert. ef. 1-1-02
AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00
AFS 21-1995, f. 9-20-95, cert. ef. 10-1-95
AFS 54-1984, f. 12-28-84, ef. 1-1-85
AFS 28-1978, f. & ef. 7-13-78

Or. Admin. R. 461-001-0010 Notice of Rulemaking

See the current version of OAR 407-001-0000 and 407-001-0005 which apply to notices of rulemaking for rules in Chapter 461.

History

Statutory/Other Authority: ORS 183.341, 411.060 & 412.049
Statutes/Other Implemented: ORS 183.341, 411.060 & 412.049
SSP 8-2006, f. & cert. ef. 6-1-06
SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05
AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00
AFS 37-1995, f. 11-28-95, cert. ef. 12-1-95

Or. Admin. R. 461-001-0015 Definitions; SNAP

The following definitions apply to the rules of the SNAP program in Chapter 461:

(1) Adult means an individual 18 years of age or older.

(2) A disabled individual or an individual with a disability means an individual who meets any of the following requirements:

(a) Receives SSI benefits under title XVI of the Social Security Act.

(b) Receives blindness or disability benefits under titles I, II, X, XIV, or XVI of the Social Security Act.

(c) Receives OSIP or other state or federal supplement under section 1616(a) of the Social Security Act based on disability or blindness criteria under title XVI of the Social Security Act.

(d) Receives state general assistance benefits based upon disability or blindness criteria under title XVI of the Social Security Act.

(e) Receives interim assistance pending receipt of SSI or receives disability-related medical assistance under title XIX of the Social Security Act.

(f) Receives a state or federally administered supplemental benefit under section 212(a) of Public Law 93-66.

(g) Receives an annuity payment under Section 2(a)(1)(iv) of the Railroad Retirement Act of 1974 and is determined to be eligible for Medicare by the Railroad Retirement Board.

(h) Receives an annuity payment under Section 2(a)(1)(v) of the Railroad Retirement Act of 1974 and meets the disability criteria used under title XVI of the Social Security Act.

(i) Receives VA benefits for non-service or service connected disability rated or paid as total under title 38 of the United States Code.

(j) Receives disability retirement benefits from a governmental agency because of a disability considered permanent under section 221(i) of the Social Security Act.

(k) Has a disability considered permanent under 221(i) of the Social Security Act section and is the surviving spouse or surviving child of a veteran and considered by the VA to be entitled to compensation for a service-connected death or pension benefits for a non-service connected death under title 38 of the United States Code.

(l) Is a veteran or surviving spouse of a veteran considered by the VA to be in need of Aid and Attendance benefits or permanently housebound under title 38 of the United States Code.

(m) Is a surviving child of a veteran and considered permanently incapable of self support under title 38 of the United States Code.

(3) Drug and alcohol treatment and rehabilitation program means a program conducted by a private nonprofit organization or institution, or a publicly operated community mental health center, that --

(a) Qualifies under part B of title XIX of the Public Health Service Act to receive funds, even if it does not actually receive funding under part B of title XIX, or

(b) Is authorized as a retailer by the Food and Nutrition Service (FNS).

(4) Elderly means an individual 60 years of age or older.

(5) Employee means an individual who works for another in return for financial or other compensation such as rent but does not include an independent contractor.

(6) Employer means a person that employs one or more individuals for wages, salary, or other compensation such as rent.

(7) Energy assistance payment means a payment provided by a program or organization for the purpose of heating or cooling assistance directly to or on behalf of low-income households. This includes heating or cooling expenses provided through the Low-Income Energy Assistance Act of 1981.

(8) Externship means a required period of supervised practice completed off campus or away from an individual's school of higher education (see OAR 461-135-0570) in order to complete the requirements for the individual's degree.

(9) Graduate assistantship means an appointment as a graduate student employee offering a financial payment to the graduate student for part-time work in teaching, administration, or research while the graduate student completes the academic requirements for an advanced degree at a school of higher education (see OAR 461-135-0570). A graduate assistantship includes such positions as graduate assistant, graduate research assistant, graduate teaching assistant, and graduate teaching associate.

(10) Graduate fellowship means a school of higher education (see OAR 461-135-0570) awarded program, targeted to a specific student group or field of study, that may be awarded based on academic need, academic record, or merit.

(11) Group living arrangement means a public or private nonprofit residential setting that serves no more than 16 residents and is certified by State of Oregon under regulations issued under section 1616(e) of the Social Security Act (42 U.SC. 1382e(e)). To be eligible for SNAP benefits, a resident of such a group living arrangement must be blind or have a disability .

(12) Head of household means a primary person .

(13) An individual is homeless if the individual does not have a fixed or regular nighttime residence or has a primary residence that is one of the following:

(a) A supervised shelter that provides temporary accommodations.

(b) A halfway house or residence for individuals who may become institutionalized.

(d) A place not designed to be or ordinarily used as a place for individuals to sleep, such as a hallway, bus station, or similar place.

(14) Internship means an official or formal program through a school of higher education (see OAR 461-135-0570) to provide practical experience for an individual beginning an occupation or profession.

(15) A migrant farmworker is an individual who regularly travels away from their permanent residence overnight, usually with a group of laborers, to seek employment in an agriculturally related activity. If any member of a SNAP household fits the definition of migrant farmworker at any time during the redetermination period, the household is budgeted according to the policy on migrant farmworkers.

(16) A primary person means:

(a) An adult in the filing group (see OAR 461-110-0370) who is designated by the group to serve as the primary person . Where there is no adult, the group can designate another responsible person in the filing group .

(b) Once the primary person has been designated, the filing group cannot choose a different individual to be the primary person during the same certification period (see OAR 461-001-0000) or during an OFSET or job quit disqualification period, unless there is a change in the composition of the household group (see OAR 461-110-0210).

(17) Seasonal farmworkers are individuals employed in agricultural employment of a seasonal or temporary nature. If any member of a SNAP household fits the definition of seasonal farmworker at any time during the redetermination period, the household is budgeted according to policy on seasonal farmworkers. Seasonal farmworkers are not required to be absent overnight from their permanent residence when:

(a) Employed on a farm or ranch performing field work related to planting, cultivation, or harvesting operations; or

(b) Employed in a canning, packing, ginning, seed conditioning, or related research or processing operation, and transported to or from the place of employment by means of a day-haul operation.

(18) Unclear information is information that is not verified, or information that is verified but the Department needs additional information to act.

(19) Weatherization assistance payment means a payment provided by a program or organization to increase the energy efficiency of dwellings owned or occupied by low-income households or to provide such households renewable energy systems or technologies, reduce their total residential expenditures, and improve their health and safety.

History

Statutory/Other Authority: ORS 411.816
Statutes/Other Implemented: ORS 411.816, 411.825, 7 CFR 273.11 & 7 CFR 273.12
SSP 29-2026, amend filed 06/29/2026, effective 07/01/2026
SSP 21-2026, temporary amend filed 03/19/2026, effective 03/19/2026 through 09/14/2026
SSP 3-2025, amend filed 03/25/2025, effective 04/01/2025
SSP 57-2024, temporary amend filed 10/29/2024, effective 11/01/2024 through 04/29/2025
SSP 25-2019, amend filed 12/24/2019, effective 01/01/2020
Reverted to SSP 8-2013, f. & cert. ef. 4-1-13
SSP 22-2013(Temp), f. & cert. ef. 8-23-13 thru 2-19-14
SSP 8-2013, f. & cert. ef. 4-1-13
SSP 5-2010, f. & cert. ef. 4-1-10
SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07

Or. Admin. R. 461-001-0020 Definitions; SNAP Employment and Training Components and Activities

The SNAP Employment and Training (SNAP E&T) program consists of STEP (see OAR 461-101-0010) and ABAWD (see OAR 461-101-0010). The purpose of these programs is to assist individuals receiving SNAP benefits to obtain skills, training, work and experience to increase their ability to obtain living-wage employment that leads to a gainful career path. For limitations in the SNAP E&T programs, see OAR 461-190-0310. For detailed rules about the SNAP E&T programs, see OAR 461-130-0305 through 461-130-0335 and OAR 461-135-0520. The following definitions apply to rules about the SNAP E&T programs in OAR chapter 461:

(1) "Assessment" means an activity that involves a one-on-one meeting for gathering information to identify SNAP E&T participant information to enable them to engage in SNAP E&T components. The assessment shall be delivered using trauma-informed person-centered practices. The assessment is completed with each SNAP E&T participant prior to any component being offered by the SNAP E&T provider.

(2) "Case plan" means a written plan, developed together with the participant and Department or SNAP E&T provider staff, as a result of the assessment. The case plan lists approved and appropriate components to be case managed and administered or purchased by the SNAP E&T provider. SNAP E&T providers or Department staff shall complete a case plan with each participant prior to any component being offered.

(3) "Case management" means the ongoing support by the SNAP E&T provider to the participant. Case management also includes tracking of case plan progress and making adjustments as needed, completed by the SNAP E&T provider at least once per month.

(4) “Component” means a group of employment or training activities with a demonstrable impact on improving self-sufficiency. Components are created and defined by the Food and Nutrition Act of 2008 and are comprised of a variety of activities that directly provide participants with the skills or training to obtain employment.

(5) "Educational Component" means education-based activities that improve basic skills. The educational components are: Basic Education / Foundational Skills Instruction, Career/Technical Education, Short-Term Training, or other Vocational Training, English Language Acquisition, Integrated Education and Training / Bridge Programs and Work Readiness Training. Activities charged to the SNAP E&T program may not supplant non-federal funds for existing educational services or activities or be more than what the general public would pay for the same service.

(6) "FLSA" means Fair Labor Standards Act, the law that applies to subject employers with individuals working in the Workfare. "FLSA" requires that individuals engaged in unpaid employment, in effect, may not "work off" their SNAP and TANF benefits at an hourly rate less than the state minimum wage.

(7) “Non-Education, Non-Work Component” means activities to support a participant’s ability to obtain or maintain employment through training and activities designed to meet their employment needs. The non-education, non-work components are: Supervised Job Search, Job Search Training, Self-Employment and Job Retention.

(8) “Orientation” means an overview of the organization, programs, expectations, and services offered as part of the SNAP E&T program. SNAP E&T providers must complete an orientation with each SNAP E&T participant prior to any component being offered.

(9) “Work Experience Components” means components with an emphasis on employer engagement, including specific training objectives, that lead to regular employment. The work-based learning components are: Internship, Internship with Subsidized Employment, Pre-Apprenticeship / Apprenticeship, Pre-Apprenticeship / Apprenticeship with Subsidized Employment, On-The-Job Training, Work-Based Learning –Other, Work-Based Learning – Other with Subsidized Employment. Work-based learning components can include both an unsubsidized employment model or a subsidized employment model whereby SNAP E&T funds are used to subsidize a portion of the participant’s wage or extraordinary training costs.

(10) Workfare: See OAR 461-190-0500.

History

Statutory/Other Authority: ORS 411.816 & 7 CFR 273.7
Statutes/Other Implemented: ORS 411.816 & 7 CFR 273.7
SSP 48-2022, amend filed 09/27/2022, effective 10/01/2022
SSP 34-2017, amend filed 12/18/2017, effective 01/01/2018
SSP 15-2016, f. & cert. ef. 4-1-16
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07

Or. Admin. R. 461-001-0025 Temporary rule language in effect until 11/27/2026. Definitions of Terms, Components, and Activities; JOBS, Pre-TANF, TANF

In the Job Opportunity and Basic Skills (JOBS), Pre-Temporary Assistance for Needy Families (Pre-TANF), and Temporary Assistance for Needy Families (TANF) programs, the following definitions apply to rules in OAR chapter 461 unless the context indicates otherwise.

(1) "12-month rolling period" means the 12-month period preceding the date of the current support services (see section (38) of this rule) payment request, used to determine whether applicable maximum payment limits have been met.

(2) "Activity" means an action or set of actions to be taken by a participant, as specified in the case plan (see section (7) of this rule). An "activity"is intended to reduce barriers and:

(a) Increase the likelihood of self-sufficiency, employment, job retention, wage enhancement, and financial independence; or

(b) Promote family stability (see OAR 461-001-0000).

(3) "Adult Basic Education"means an activity (see section (2) of this rule) in the basic education (see section (6) of this rule) component (see section (10) of this rule) that involves remedial education coursework intended to ensure functional literacy and numeracy.

(4) "Assessment" means an activity of the program entry (see section (31) of this rule) component that involves gathering information to identify the strengths, interests, family circumstances, status in the JOBS program, and vocational aptitudes and preferences of the participant and to mutually determine an employment goal, the level of engagement of the participant in the JOBS program, and which support services (see section (38) of this rule) are needed. This activity includes providing screenings and evaluations (if appropriate) to determine the level of engagement, accommodation, and modification for the participant in the JOBS program. The screenings include, but are not limited to, physical and mental health needs, substance use, domestic violence (see OAR 461-001-0000), and learning needs.

(5) "Barrier" means a personal condition or circumstance that reduces the likelihood the participant will become employed or the ability of the participant to engage in an activity listed in the case plan .

(6) "Basic education" means a component intended to ensure functional literacy for all JOBS participants. "Basic education" activities are high school attendance, English language learner (see section (16) of this rule) instruction, job skills training (see section (22) of this rule), adult basic education (see section (3) of this rule) instruction, and services that result in obtaining a general equivalency diploma (GED). The component is discussed in OAR 461-190-0171 and 461-190-0181.

(7) "Case plan" (also known as a personal development plan) means a written outline, developed in partnership by the participant and family coach, with input from community partners as appropriate, listing activities and goals for the individual. The "case plan" also identifies the support service payments, accommodations, and modifications to help the participant complete the plan. The DHS 1543 - Domestic Violence Assistance Agreement - is the "case plan" for participants with safety concerns about domestic violence .

(8) “Child activities” means an activity that enables participants to gain skills in successful parenting, balancing work and family, and contributing to the well-being and health of the child (see OAR 461-001-0000).

(9) "Community service program" means an activity in the unpaid employment (see section (41) of this rule) component in which the participant works without pay at a job site to enhance the likelihood the participant will become employed and perform work for the direct benefit of the community. This activity is available through nonprofit organizations or public agencies.

(10) "Component" means a set of one or more activities of the JOBS program including paid unsubsidized employment (see section (30) of this rule), paid subsidized employment (see section (29) of this rule), unpaid employment , vocational training (see section (42) of this rule), job search and readiness (see section (21) of this rule), and basic education activities .

(11) "Core activities" means federally defined countable work activities including paid unsubsidized employment ; paid subsidized employment ; work experience (see section (43) of this rule); job search and readiness ; community service program (see section (9) of this rule); supported work (see section (39) of this rule); and vocational training .

(12) "Crisis intervention" means short-term services to protect family stability and safety due to an immediate crisis need.

(13) "Drug and alcohol services" means an activity in the job search and readiness component to help participants identify and overcome addiction and substance use disorders that prevent or limit their employability and self-sufficiency.

(14) "Employer contact" means participant communication with an employer or employer's representative through a visit, phone call, or mail to request consideration for employment.

(15) "Employment Payments" means three transitional payments totaling $225.00 paid as provided in OAR 461-135-1270 to a benefit group (see OAR 461-110-0750) with employment income to help transition families off TANF program services.

(16) "English Language Learner" (also known as English as a Second Language) means an activity in the basic education component . English Language Learner classes are designed to give participants with limited English proficiency better working skills in the language.

(17) "Fair Labor Standards Act (FLSA)" means the law that applies to subject employers with participants working in the unpaid employment component . "FLSA" requires that participants engaged in unpaid employment , in effect, may not work more hours than the combined value of the TANF and SNAP benefits divided by Oregon minimum wage.

(18) "Federally required participation rates" means the participation rates required by section 407 of the Social Security Act (42 USC 607).

(19) "High School or GED Completion Attendance" means an activity in the basic education component that involves attendance at a secondary school or in a course of study that leads to the completion of the GED.

(20) "Job search" means an activity in the job search and readiness component that focuses on participants looking for and obtaining employment designed to improve skills in locating and competing for employment in the local labor market and may include writing resumes, receiving instruction in interviewing skills, and engaging in group and individual "job search". There are two categories of "job search": "initial job search " and "regular job search " . "Initial job search " may occur during the Pre-TANF program. "Regular job search " begins not later than the day after the Department finds the individual eligible for TANF benefits.

(21) "Job search and readiness" means a component designed to prepare participants to compete in the local labor market. Job search (see section (20) of this rule) , life skills (see section (24) of this rule) , drug and alcohol services (see section (13) of this rule) , mental health services (see section (26) of this rule), and rehabilitation activities (see section (33) of this rule) are the activities of the "job search and readiness" component .

(22) "Job skills training" means an activity in the basic education component in which unpaid training required by an employer is needed to gain the skills necessary to be hired, retain or advance in employment.

(23) "JOBS Plus program" means an activity in the paid subsidized employment component that provides TANF participants with employment. The participant receives their TANF and SNAP benefits as wages from the JOBS Plus employer (see OAR 461-190-0401 to 461-190-0426).

(24) "Life skills" means an activity of the job search and readiness component . The activity develops employment-preparation skills and skills and attitudes that are commonly found in the workplace; and offer development of skills that prepare participants to be successful in daily living.

(25) “Medical Related Services” means activities to assess and address health concerns that prevent or limit employment and self-sufficiency.

(26) "Mental health services" means an activity in the job search and readiness component that provides mental health screenings and assessments, counseling, medication management, and support groups .

(27) "Non-core activities" means federally defined countable work activities that include job skills training directly related to employment; education directly related to employment; and satisfactory school attendance at a secondary level or leading to a GED.

(28) “On-the-Job Training” means an activity for paid employees who are in non-JOBS Plus subsidized employment placement, or for students who are in an unpaid internship or a federal/state funded work study position.

(29) " Paid subsidized employment" means a component in which participants are employed in a subsidized public or private sector job. JOBS Plus program (see section (23) of this rule) and on-the-job training (see section (28) of this rule) are the activities in the "paid subsidized employment" component .

(30) "Paid unsubsidized employment" means a component in which participants are employed full- or part-time in an unsubsidized job and receiving TANF benefits. Unsubsidized employment is a job that is not subsidized by TANF or any other public program. Working (see section (43) of this rule) is the activity in the paid unsubsidized employment component .

(31) "Program entry" means an activity thatcaptures JOBS appointments, assessments (see section (4) of this rule) to identify a family’s needs and strengths, determines JOBS status, and mutually develops a case plan .

(32) "Progress (good or satisfactory)" means a participant engaging in an education or training activity makes "good progress" or "satisfactory progress" by receiving a passing grade and progressing toward completion of their course of study at no less than the normal rate of a half-time student.

(33) "Rehabilitation activities" means an activity in the job search and readiness component that provides medical or therapeutic screenings, assessments, and treatment. This activity also includes medical management and support groups.

(34) "Self-initiated training" meansan activity in which participants are enrolled in a two or four year program, earning credit toward an undergraduate college degree.

(35) “Social Security application” means the activities associated with the process for individuals who are applying for Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI).

(36) “Stabilized living” means an activity intended to stabilize participant housing concerns that prevent or limit employment or self-sufficiency.

(37) "Stabilization, intervention, and other activities" means activities that are non-countable for federal participation purposes including child health and development, crisis intervention (see section (12) of this rule), domestic violence services, medical related services (see section (25) of this rule), retention services, services to child welfare families, social security application (see section (35) of this rule), and stabilized living services (see section (36) of this rule).

(38) "Support services" means services that participants need to engage successfully in activities outlined in their case plan , seek and maintain employment, or remove barriers.

(39) "Supported work" means an activity in the unpaid employment component that gives participants intensive staff support, skill training, intervention, and counseling that will enable them to function independently at work.

(40) "Transition services" means services offered when the participant becomes employed or becomes ineligible for cash benefits because of an increase in income or resources.

(41) "Unpaid employment" means a component in which a participant is placed in an unpaid job to develop good work habits, training, and knowledge to obtain employment. Employment may be in the private or public sector or through a work simulation program. Work experience (see section (43) of this rule), community service program , and supported work (see section (39) of this rule) are the activities of the "unpaid employment" component .

(42) "Vocational training" means an activity and component of the JOBS program that provides JOBS participants with up to 18 months access to specific "vocational training" that will lead to a career with an appropriate wage level and opportunity for employment.

(43) "Work experience" means an activity in the unpaid employment component in which the participant works without pay at a job site to develop good work habits and basic vocational skills that enhance the likelihood the participant will become employed. "Work experience" is available through private for-profit businesses, nonprofit organizations, or public agencies.

(44) “Working” means an activity in the unsubsidized employment component in which a participant is working full- or part-time in the public or private sector.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.878, 412.006, 412.009, 412.016 & 412.049
Statutes/Other Implemented: ORS 409.010, 409.050, 411.060, 411.070, 411.878, 412.001, 412.006, 412.016, 412.009 & 412.049
SSP 28-2026, temporary amend filed 06/01/2026, effective 06/01/2026 through 11/27/2026
SSP 53-2023, amend filed 12/21/2023, effective 01/01/2024
SSP 48-2022, amend filed 09/27/2022, effective 10/01/2022
SSP 38-2022, temporary amend filed 06/15/2022, effective 06/15/2022 through 12/11/2022
SSP 33-2021, amend filed 06/22/2021, effective 07/01/2021
SSP 44-2020, amend filed 12/22/2020, effective 01/01/2021
SSP 5-2020, amend filed 03/30/2020, effective 04/01/2020
SSP 21-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 13-2018, temporary amend filed 03/27/2018, effective 04/01/2018 through 06/30/2018
SSP 15-2016, f. & cert. ef. 4-1-16
SSP 34-2015, f. 12-22-15, cert. ef. 12-28-15
SSP 18-2015(Temp), f. 6-30-15, cert. ef. 7-1-15 thru 12-27-15
SSP 34-2011, f. 12-27-11, cert. ef. 12-29-11
SSP 18-2011(Temp), f. & cert. ef. 7-1-11 thru 12-28-11
SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07, Renumbered from 461-190-0110
SSP 33-2003, f. 12-31-03, cert. ef. 1-4-04
AFS 18-1998, f. & cert. ef. 10-2-98
AFS 27-1996, f. 6-27-96, cert. ef. 7-1-96
AFS 40-1995, f. 12-26-95, cert. ef. 1-1-96
AFS 22-1995, f. 9-20-95, cert. ef. 10-1-95
AFS13-1995, f. 6-29-95, cert. ef. 7-1-95
AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94
AFS 13-1994, f. & cert. ef. 7-1-94
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 5-1993, f. & cert. ef. 4-1-93
AFS 17-1992, f. & cert. ef. 7-1-92
AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 10-1991, f. & cert. ef. 4-19-91
AFS 9-1991, f. 3-29-91, cert. ef. 4-1-91
AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91
AFS 23-1990, f. 9-28-90, cert. ef. 10-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-001-0027 Definitions of Terms, Components, and Activities; REF, REP

In the REF and REP programs, the following definitions apply to rules in OAR chapter 461 unless the context indicates otherwise.

(1) "Activity" means an action or set of actions to be taken by an individual, as specified in the case plan (see section (6) of this rule). An "activity"is intended to reduce barriers and:

(a) Increase the likelihood of self-sufficiency, employment, job retention, wage enhancement, and financial independence; or

(b) Promote family stability (see OAR 461-001-0000).

(2) "Adult Basic Education (ABE)"means an activity (see section (1) of this rule) in the basic education (see section (5) of this rule) component (see section (8) of this rule) that involves remedial education coursework intended to ensure functional literacy.

(3) "Assessment" means an activity of the program entry (see section (23) of this rule) component that involves gathering information to identify the strengths, interests, family circumstances, status in the REP program, and vocational aptitudes and preferences of the individual and to mutually determine an employment goal, the level of participation of the individual in the REP program, and which support services (see section (29) of this rule) are needed. This activity includes providing screenings and evaluations (if appropriate) to determine the level of participation, accommodation, and modification for the individual in the REP program. The screenings include, but are not limited to, physical and mental health needs, substance abuse, domestic violence, and learning needs.

(4) "Barrier" means a personal condition or circumstance that reduces the likelihood the individual will become employed or the ability of the individual to participate in an activity listed in the case plan .

(5) "Basic education" means a component of activities intended to ensure functional literacy for all REP participants. "Basic education" activities are high school attendance, English as a second language ( ESL ) (see section (12) of this rule) instruction, job skills training (see section (17) of this rule), adult basic education (ABE) (see section (2) of this rule) instruction, and services that result in obtaining a general equivalency diploma (GED).

(6) "Case plan" (formerly also known as an employment development plan (EDP), a personal plan, or personal development plan) means a written outline, developed in partnership by the individual and case manager, with input from partners as appropriate, listing activities and goals for the individual. The "case plan" also identifies the support service payments, accommodations, and modifications to help the individual complete the plan. The DHS 1543 - Domestic Violence Assistance Agreement - is the "case plan" for individuals with safety concerns about domestic violence (see OAR 461-001-0000).

(7) "Community service program" means an activity in the unpaid employment (see section (31) of this rule) component in which the individual works without pay at a job site to enhance the likelihood the individual will become employed and perform work for the direct benefit of the community. This activity is available through nonprofit organizations or public agencies.

(8) "Component" means a set of one or more activities of the REP program including paid unsubsidized employment (see section (22) of this rule), paid subsidized employment (see section (21) of this rule), unpaid employment , vocational training (see section (33) of this rule), job search and readiness (see section (16) of this rule), and basic education activities .

(9) "Crisis intervention" means short-term services to address an immediate crisis need.

(10) "Drug and alcohol services" means an activity in the job search and readiness component that provides substance abuse screenings and evaluations, outpatient or resident treatment, and support groups such as AA or NA.

(11) "Employer contact" means participant communication with an employer or employer's representative through a visit, phone call, or mail to request consideration for employment.

(12) "English as a second language (ESL)" means an activity in the basic education component . "ESL" classes are designed to give individuals with limited English proficiency better working skills in the language.

(13) "Fair Labor Standards Act (FLSA)" means the law that applies to subject employers with individuals working in the unpaid employment component . "FLSA" requires that individuals engaged in unpaid employment , in effect, may not "work off" their SNAP and TANF benefits at an hourly rate less than the state minimum wage.

(14) "High School or GED Completion Attendance" means an activity in the basic education component that involves attendance at a secondary school or in a course of study that leads to the completion of the GED.

(15) "Job search" means an activity that focuses on participants looking for and obtaining employment designed to improve skills in locating and competing for employment in the local labor market and may include writing resumes, receiving instruction in interviewing skills, and participating in group and individual "job search".

(16) "Job search and readiness" means a component designed to prepare individuals to compete in the local labor market. Job search (see section (15) of this rule) , life skills (see section (18) of this rule) , drug and alcohol services (see section (10) of this rule) , mental health services (see section (19) of this rule), and rehabilitation activities (see section (25) of this rule) are the activities of the "job search and readiness" component .

(17) "Job skills training" means an activity in the basic education component designed to provide classroom training in vocational and technical skills or equivalent knowledge and abilities in a specific job area.

(18) "Life skills" means an activity of the job search and readiness component . The activity develops employment-preparation skills and skills and attitudes that are commonly found in the workplace.

(19) "Mental health services" means an activity in the job search and readiness component that provides mental health screenings and assessments, counseling, medication management, and support groups .

(20) "On-the-job training (OJT)" means an activity in the paid subsidized employment component in which an individual works for an employer for a contracted period. The employer trains the individual and is reimbursed by the Department, usually at 50 percent of the wages of the participant, for those training costs.

(21) " Paid subsidized employment" means a component in which individuals are employed in a subsidized public or private sector job. Work supplementation (see section (35) of this rule), and on-the-job training (see section (20 of this rule) are the activities in the "paid subsidized employment" component .

(22)"Paid unsubsidized employment" means a component in which individuals are employed full-time or part-time in an unsubsidized job and receiving REF benefits. Unsubsidized employment is a job that is not subsidized by REF or any other public program. The UN work program (see section (32) of this rule) is the activity in the paid unsubsidized employment component .

(23) "Program entry" means an activity that includes all the activities that prepare an individual to actively participate in the REP program including, but not limited to, assessment (see section (3) of this rule) and writing the initial case plan .

(24) "Progress (good or satisfactory)" means an individual participating in an education or training activity makes "good progress" or "satisfactory progress" by receiving a passing grade or progressing toward completion of high school or GED completion at no less than the normal rate of a half-time student.

(25) "Rehabilitation activities" means an activity in the job search and readiness component that provides medical or therapeutic screenings, assessments, and treatment. This activity also includes medical management and support groups.

(26) "Self-initiated training (SI)" means an REP program component that is training needed to be competitive in the job market. Participation in this component is limited to six months. The component may be used to extend an approved vocational training activity .

(27) "Stabilization, intervention, and other activities" means activities that include crisis intervention (see section (9) of this rule), domestic violence services, family stability activities, medical services, retention services, social security application, and stabilized living services.

(28) "Supported work" means an activity in the unpaid employment component that gives individuals intensive staff support, skill training, intervention, and counseling that will enable them to function independently at work.

(29) "Support services" means services that case-managed participants need to participate successfully in activities outlined in their case plan , seek and maintain employment, or remove barriers.

(30) "Transition services" means services included in an individual's case plan when the individual becomes employed or becomes ineligible for cash benefits because of an increase in income or resources.

(31) "Unpaid employment" means a component in which an individual is placed in an unpaid job to develop good work habits, training, and knowledge to obtain employment. Employment may be in the private or public sector or through a work simulation program. Work experience , community service program , providing child care services to a community service program participant , and supported work (see section (28) of this rule) are the activities of the "unpaid employment" component .

(32) "UN work program" means an activity in the paid unsubsidized employment component in which REP participants work in unsubsidized employment and may also participate in another REP work site training activity .

(33) "Vocational training" means an activity and component of the REP program that provides REP participants with up to 12 months access to specific "vocational training" that will lead to a career with an appropriate wage level and opportunity for employment.

(34) "Work experience" means an activity in the unpaid employment component in which the individual works without pay at a job site to develop good work habits and basic vocational skills that enhance the likelihood the individual will become employed. "Work experience" is available through private for-profit businesses, nonprofit organizations, or public agencies.

(35) "Work supplementation" means an activity in the unpaid employment component that is up to six months of work-site training provided by an employer. The component and activity are both called "work supplementation". In "work supplementation", the Department subsidizes the wages of the participant by providing up to $200 per month to the employer.

History

Statutory/Other Authority: 412.006, 412.009, 412.016, 412.049, ORS 409.050, 411.060 & 411.070
Statutes/Other Implemented: 412.001, 412.006, 412.016, 412.049, ORS 409.010, 411.060 & 411.070
SSP 34-2017, adopt filed 12/18/2017, effective 01/01/2018

Or. Admin. R. 461-001-0030 Definitions; OSIPM Nursing Facility Services or Home and Community-Based Care

These terms apply to rules in Chapter 461 about Oregon Supplemental Income Program Medical (OSIPM) nursing facility services and home and community-based care :

(1) Community spouse : An individual who is legally married (see OAR 461-001-0000) to an institutionalized spouse (see section (5) of thisrule) and meets all of the following requirements:

(a) The individual is not residing in the Oregon State Hospital, or its equivalent if residing in another state.

(b) The individual is not residing in an acute care hospital or nursing facility for a continuous period of care (see section (2) of this rule).

(2) Continuous period of care : Reside for a period of at least 30 consecutive days or until death in a nursing facility, home and community-based care (see section (4) of this rule) setting, or an acute care hospital. There must be sufficient evidence to show there is a reasonable expectation that the client will remain in care for at least 30 consecutive days. For the purposes of this policy, an interruption in care (for example, leaving and then returning to a nursing home, or switching from one type of care to another) that lasts less than 30 days is not considered a break in the 30 consecutive days of care. A new period of care begins if care is interrupted for 30 or more days.

(3) Eligible dependent :

(a) For cases with a community spouse (see section (1) of this rule):

(A) An "eligible dependent" is one of the following:

(i) A child of the institutionalized spouse or community spouse who resides with the community spouse , and who must also be either a minor (under the age of 21) or 21 or older but still a tax dependent of either spouse.

(ii) A parent or sibling of the institutionalized spouse or community spouse who resides with the community spouse and is claimed as a tax dependent by either spouse.

(B) A grandchild of the institutionalized spouse or community spouse is not considered an "eligible dependent".

(b) For cases without a community spouse , an "eligible dependent" resides with the individual and is either a minor child (under the age of 21) of the individual , or a child 21 or older but still a tax dependent of the individual.

(4) Home and community-based care: Title XIX services needed to keep an individual out of a nursing facility or an intermediate care facility for individuals with intellectual disabilities (ICF-ID), not including 1915(i) Home and community-based services (see division 173 of OAR chapter 410). These services are:

(a) In-home services except for state plan personal care services.

(b) Residential care facility services.

(d) Adult foster care services.

(e) Specialized living facility services.

(f) Adult day care services.

(5) Institutionalized spouse : An individual who is married to a community spouse , not residing in the Oregon State Hospital, or its equivalent if in another state, and meets one of the following requirements:

(a) The individual is residing in an acute care hospital or nursing facility for a continuous period of care .

(b) The individual is applying for or receiving services in a nursing facility or home and community-based services .

History

Statutory/Other Authority: 411.060, ORS 409.050, 411.083, 411.404, 413.085 & 414.685
Statutes/Other Implemented: 411.060, 411.700, ORS 409.010, 411.083, 411.404, 42 USC 1396r & 42 CFR 435.726
SSP 55-2024, amend filed 09/30/2024, effective 10/01/2024
SSP 30-2024, amend filed 03/26/2024, effective 04/01/2024
SSP 51-2023, temporary amend filed 12/11/2023, effective 12/11/2023 through 06/07/2024
SSP 11-2018, amend filed 03/09/2018, effective 04/01/2018
SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 26-2013, f. & cert. ef. 10-1-13
SSP 17-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13
SSP 13-2009, f. & cert. ef. 7-1-09
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
Renumbered from 461-160-0560, SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 4-2005, f. & cert. ef. 4-1-05
SSP 8-2004, f. & cert. ef. 4-1-04
AFS 5-2002, f. & cert. ef. 4-1-02
AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00
AFS 23-1995, f. 9-20-95, cert. ef. 10-1-95
AFS 29-1994, f. 12-29-94, cert. ef. 1-1-95
AFS 6-1994, f. & cert. ef. 4-1-94
AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-001-0035 Definitions; OSIP-EPD and OSIPM-EPD

The following definitions apply to the rules of the OSIP-EPD and OSIPM-EPD programs in Chapter 461:

(1) "Approved account" refers to a segregated account in a financial institution, the purpose of which is to save to use for future disability-related expenses that would increase the individual's independence and employment potential. Also included in this definition are accounts regulated by the Internal Revenue Code and used for retirement planning, such as IRAs, 401(k)s, TSAs, and KEOGHs.

(2) "Blind work expenses" (BWE) refer to those costs defined by SSA that can be used as reductions to earned income as defined in 20 CFR 416.1112(c)(8).

(3) "Disabled" or "has a disability" refers to having a physical or mental impairment, or a combination of these impairments, that meets the definition of disability used by SSA when determining eligibility for Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) as defined in 20 CFR Part 404.

(4) "Disability determination" refers to the process used to establish whether the individual's disability meets the definitions used by SSA in determining eligibility for SSI and SSDI.

(5) "Employment" refers to an ongoing work activity for which a client provides the Department with one of the following:

(a) Tax payments or filing for Federal Insurance Contribution Act (FICA).

(b) Tax payments or filing for Self-Employment Contributions Act (SECA).

(6) "Employment and independence expense" (EIE) refers to the cost of any expense that can be reasonably expected to enhance the independence and employment potential of the individual.

(7) "Impairment related work expenses" (IRWE) refer to those costs defined by SSA that can be used as reductions to earned income. To be allowed, the item or service must be related to the impairment and necessary to enable the individual to perform the individual's job as defined in 20 CFR 416.976.

(8) "Participant fee" refers to the monthly payment that clients in the OSIP-EPD and OSIPM-EPD programs must make in order to be eligible for the OSIP-EPD and OSIPM-EPD programs (see OAR 461-160-0800).

(9) "Past relevant work" (PRW) refers to work done within the past 15 years, that was substantial gainful activity, and that lasted long enough for the worker to learn how to do it.

(10) "Substantial gainful activity" (SGA) refers to the term used by SSA to describe a level of work activity and earnings. In the OSIP-EPD or OSIPM-EPD programs, an individual is engaging in SGA if the earnings of the individual are at or above the OSIP-EPD or OSIPM-EPD income standard.

History

Statutory/Other Authority: ORS 411.060, 411.070 & 414.042
Statutes/Other Implemented: ORS 411.060, 411.070 & 414.042
SSP 23-2008, f. & cert. ef. 10-1-08
SSP 14-2007, f. 12-31-07, cert. ef. 1-1-08
Renumbered from 461-110-0115, SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05
SSP 17-2003, f. & cert. ef. 7-1-03
SSP 10-2003(Temp), f. & cert. ef. 5-1-03 thru 9-30-03
AFS 22-2002, f. 12-31-02, cert. ef. 1-1-03
AFS 7-1999, f. 4-27-99, cert. ef. 5-1-99
AFS 1-1999(Temp), f. & cert. ef. 2-1-99 thru 7-31-99

Division 25 HEARINGS

Or. Admin. R. 461-025-0300 Contested Case Hearings

(1) The rules in division 25 of this chapter of rules apply to contested case hearings of the Department authorized by OAR 461-025-0310(1). The hearings are conducted in accordance with the Attorney General's model rules at 137-003-0501 and following, except to the extent that Department rules are permitted to and provide for different procedures.

(a) The method described in OAR 137-003-0520(11) is used in computing any period of time prescribed in this division of rules.

(b) In any contested case to which this division of rules applies:

(A) When a party or claimant is not represented by an attorney:

(i) Upon request of the party or claimant, the Department provides work contact information — telephone number and address — for any Department employees expected to testify at the hearing as witnesses, except rebuttal witnesses.

(ii) Except as provided in subparagraph (i) of this paragraph, the Department and any party or claimant in the contested case are not required to provide the telephone numbers and addresses of witnesses prior to the hearing.

(B) The Department does not provide the telephone number and addresses of a witness if the Department has concerns that the release of the information may affect the safety of the witness.

(2) When a Department employee represents the Department in a contested case to which this division of rules applies, requests for admission and written interrogatories are not permitted.

(3) The Department's contested case hearings governed by this division of rules are not open to the public and are closed to nonparticipants, except nonparticipants may attend subject to the parties' consent and applicable confidentiality laws.

(4) The Department has adopted the exceptions to the Attorney General's model rules set out in subsection (1)(b) and section (2) of this rule due to its caseload volume and because these discovery procedures would unduly complicate or interfere with the hearing process.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.404, 411.816, 412.014 & 412.049
Statutes/Other Implemented: ORS 183.452, 409.010, 411.060, 411.404, 411.816, 412.014 & 412.049
SSP 8-2013, f. & cert. ef. 4-1-13
SSP 32-2012(Temp), f. & cert. ef. 10-5-12 thru 4-3-13
SSP 25-2012, f. 6-29-12, cert. ef. 7-1-12
SSP 4-2012(Temp), f. & cert. ef. 1-31-12 thru 7-29-12
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
AFS 27-2001, f. 12-21-01, cert. ef. 1-1-02
AFS 6-2001, f. 3-30-01, cert. ef. 4-1-01
AFS 17-2000, f. 6-28-00, cert. ef. 7-1-00
AFS 16-1999, f. 12-29-99, cert. ef. 1-1-00
AFS 26-1996, f. 6-27-96, cert. ef. 7-1-96
AFS 4-1995, f. & ef. 2-1-95
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-025-0301 Lay Representation in Contested Case Hearings

(1) Subject to the approval of the Attorney General, an officer or employee of the Oregon Department of Human Services (Department) is authorized to appear on behalf of the Department in the following types of hearings conducted by the Office of Administrative Hearings:

(a) Public assistance, including but not limited to eligibility for services available through a waiver or state plan or other benefits, the level and amount of services or benefits, effective date, and the termination, suspension, reduction, or denial of services or benefits;

(b) Medical assistance, including but not limited to eligibility for services available through a waiver or state plan for medical assistance or other medical benefits, the level and amount of services or benefits, effective date, prior authorizations, medical management decisions, and the termination, suspension, reduction, or denial of services or benefits;

(c) Employment Related Day Care under the authority of Chapter 461, including child care provider overpayments and intentional program violations;

(d) Eligibility for Supplemental Nutrition Assistance Program (SNAP), the level and amount of benefits, effective date, and the termination, suspension, reduction, or denial of benefits;

(e) Overpayments and intentional program violations, related to public assistance or medical assistance, Employment Related Day Care under the authority of Chapter 461, SNAP, waivered service benefits or medical benefits or services;

(f) Provider enrollment or denial of enrollment, provider overpayments, audits, and audit sanctions; and

(g) Estate administration hardship waivers.

(2) The Department's representative may not make legal argument on behalf of the Department.

(a) "Legal argument" includes arguments on:

(A) The jurisdiction of the Department to hear the contested case;

(B) The constitutionality of a statute or rule or the application of a constitutional requirement to the Department; and

(b) "Legal argument" does not include presentation of motions, evidence, examination and cross-examination of witnesses, or presentation of factual arguments or arguments on:

(A) The application of the statutes or rules to the facts in the contested case;

(B) Comparison of prior actions of the Department in handling similar situations;

(D) The admissibility of evidence; and

(E) The correctness of procedures being followed in the contested case hearing.

(3) When an officer or employee appears on behalf of the Department, the administrative law judge shall advise the Department's representative of the manner in which objections may be made and matters preserved for appeal. Such advice is of a procedural nature and does not change applicable law on waiver or the duty to make timely objection.

(4) If the administrative law judge determines that statements or objections made by the Department representative appearing under section (1) of this rule involve legal argument as defined in this rule, the administrative law judge shall provide reasonable opportunity for the Department representative to consult the Attorney General and permit the Attorney General to present argument at the hearing or to file written legal argument within a reasonable time after conclusion of the hearing.

(5) The Department is subject to the Code of Conduct for Non-Attorney Representatives at Administrative Hearings, which is maintained by the Oregon Department of Justice and available on its website at http://www.doj.state.or.us. A Department representative appearing under section (1) of this rule must read and be familiar with it.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.404, 411.816, 412.014 & 412.049
Statutes/Other Implemented: 411.060, 411.404, 411.816, 412.014, 412.049, ORS 183.452 & 409.010
SSP 19-2023, amend filed 06/20/2023, effective 07/01/2023
SSP 15-2014, f. & cert. ef. 7-1-14
SSP 8-2013, f. & cert. ef. 4-1-13
SSP 32-2012(Temp), f. & cert. ef. 10-5-12 thru 4-3-13

Or. Admin. R. 461-025-0305 Definitions

For the purposes of this division of rules, the following definitions apply unless the context clearly indicates otherwise:

(1) "Claimant" means a person who has requested a hearing or who is scheduled for an IPV hearing.

(2) "Department representative" or "Division representative" means a person authorized by OAR 461-025-0300 to represent the Department in the hearing.

(3) "Good cause" means a circumstance beyond the control of the claimant and claimant's representative.

(4) A "request for hearing" is a clear expression, oral or written, by an individual or representative that the person wishes to appeal a Department decision or action or, in the SNAP program, wishes to have the decision considered by a higher authority.

History

Statutory/Other Authority: ORS 411.060, 411.816 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.816 & 412.049
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
AFS 27-2001, f. 12-21-01, cert. ef. 1-1-02
AFS 16-1999, f. 12-29-99, cert. ef. 1-1-00
AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97
AFS 26-1996, f. 6-27-96, cert. ef. 7-1-96
AFS 4-1995, f. & ef. 2-1-95
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-025-0310 Hearing Requests

(1) A claimant (see OAR 461-025-0305) has the right to a contested case hearing in the following situations upon the timely completion of a request for hearing:

(a) Except as provided in subsection (o) of this section, the Department has not approved or denied a request or application for public assistance or medical assistance within 45 days of the application.

(b) The Department has not acted timely on an application as follows:

(A) An application for SNAP program benefits, within 30 days of the filing date.

(B) An application for a JOBS support service payment, within the time frames established in OAR 461-115-0190(3).

(c) The Department acts to deny, reduce, close, or suspend SNAP program benefits, a grant of public assistance , a grant of aid , a support service payment authorized in the JOBS program by OAR 461-190-0211, medical assistance, or child care benefits authorized under Division 160 or 165 of this chapter of rules in the ERDC or TANF child care programs. When used in this subsection, grant of public assistance and grant of aid mean the grant of cash assistance calculated according to the claimant's need.

(d) The Department has sent a decision notice (see OAR 461-001-0000) that the claimant is liable for an overpayment (see OAR 461-195-0501).

(e) The Department modifies a grant of public assistance or a grant of aid ; or the claimant claims that the Department previously underissued public assistance, medical assistance, or SNAP program benefits and the Department denies, or denies in part, that claim.

(f) The household disputes its current level of SNAP program benefits.

(g) The filing group (see OAR 461-110-0370) is aggrieved by any action of the Department that affects the participation of the filing group in the SNAP program.

(h) The claimant asks for a hearing to determine if the waiver of an Intentional Program Violation hearing was signed under duress.

(i) A child care provider is disputing an allegation of an overpayment of child care provided under Chapter 461 or “a finding of suspended” established under Chapter 461.

(j) In the Pre-TANF program, the Department denies payment for a basic living expense (see OAR 461-135-0475) or other support service payment in the JOBS program (see subsection (c) of this section).

(k) In the TA-DVS program, when OAR 461-135-1235 provides a right to a hearing.

(l) A service re-assessment of a claimant conducted in accordance with OAR Division 411-015 has resulted in a reduction or termination of nursing facility services or home and community-based care (see OAR 461-001-0030).

(m) The claimant's benefits are changed to vendor, protective, or two-party payments.

(n) Department has issued a notice seeking repayment under ORS 411.892 to an employer participating in the JOBS program.

(o) In the OSIP and OSIPM programs, when the Department has not approved or denied an application within the time frames established in OAR 461-115-0190.

(p) The right to a hearing is otherwise provided by statute or rule.

(q) To resolve a grievance under 45 CFR 261.70 against an employer. A hearing request under this subsection must be in writing with the claimant's name, address, and daytime phone number (if available). The hearing request must be received by the Department within 45 days of the alleged violation or within 30 days after completion of an employer grievance process.

(r) In the Summer EBT (SEBT) program:

(A) The Summer EBT agency (see OAR 461-196-0020) acts to deny an SEBT application.

(B) The claimant disputes a Summer EBT agency verification requirement.

(2) A claimant is not entitled to a hearing on the question of the contents of a case plan (defined in OAR 461-190-0151) unless the right to hearing is specifically authorized by the Department's rules. For a dispute about an activity in the JOBS program, the claimant is entitled to use the Department's re-engagement process (see OAR 461-190-0231). In the TA-DVS program, a dispute about the contents of a TA-DVS case plan is resolved through re-engagement if there is no right to a hearing under OAR 461-135-1235.

(3) A request for hearing is complete:

(a) In public assistance, SNAP, and SEBT programs when the Department's Administrative Hearing Request form (form DHS 443) is:

(A) Completed;

(B) Signed by the claimant , the claimant's attorney, or the claimant's authorized representative (see OAR 461-115-0090); and

(C) Received by the Department. OAR 137-003-0528(1)(a) (which allows hearing requests to be treated as timely based on the date of the postmark) does not apply to hearing requests contesting a decision notice (see OAR 461-001-0000). The Department has adopted the exception to the Attorney General's model rules set out in this paragraph due to operational conflicts.

(b) In the SNAP program, when the Department receives an oral or written statement from the claimant , the claimant's attorney, or the claimant's authorized representative that the claimant wishes to appeal a decision affecting the claimant's SNAP program benefits to a higher authority.

(c) In the case of a provider of child care, when a written request for hearing from the provider about an action or decision taken under Chapter 461 is received by the Department.

(d) For medical assistance, when a hearing request is made in a manner permitted under OAR 410-200-0145 or this section.

(e) In the SEBT program, when the Department receives an oral or written statement from the claimant , the claimant's attorney, or the claimant's authorized representative that the claimant wishes to appeal a decision affecting the claimant's SEBT program benefits to a higher authority.

(4) In the event a request for hearing is not timely, the Department may issue an order of dismissal if there is no factual dispute about whether sections (7) and (10) of this rule provide a right to a hearing. The Department may refer an untimely request to the Office of Administrative Hearings for a hearing on the question of timeliness.

(5) In the event the claimant has no right to a contested case hearing on an issue, the Department may enter an order accordingly. The Department may refer a hearing request to the Office of Administrative Hearings for a hearing on the question of whether the claimant has the right to a contested case hearing.

(6) For medical assistance, to be timely, a hearing request must be received by the Department or the OHP Customer Service in the time frame set out in OAR 410-200-0015 and 410-200-0145. In other programs, to be timely, a completed hearing request must be received by the Department not later than:

(a) Except as provided in subsection (b) of this section, the 45th day following the date of the decision notice (see OAR 461-001-0000) in public assistance programs.

(b) The 90th day following the effective date of the reduction or termination of benefits in a public assistance program if the reduction or termination of aid is a result of a JOBS disqualification (see OAR 461-130-0330) or a penalty for failure to seek treatment for substance abuse or mental health (see OAR 461-135-0085).

(A) A filing group may submit a hearing request at any time within a certification period (see OAR 461-001-0000) to dispute its current level of benefits.

(B) A filing group may submit a hearing request within 90 days of the denial of a request for restoration of benefits if not more than twelve months has expired since the loss of benefits.

(d) The 30th day following the date of notice from the Oregon Department of Revenue in cases covered by ORS 293.250.

(e) In a case described in subsection (1)(h) of this rule, the request must be made within 90 days of the date the waiver was signed.

(f) For the SEBT program, the filing group must submit an appeal by the 90th day after the end of the summer operational period (see OAR 461-196-0020 and 461-196-0060).

(7) When the Department receives a completed hearing request that is not filed within the timeframe required by section (6) of this rule but is filed no later than 120 days after a decision notice became a final order:

(a) The Department refers the hearing request to the Office of Administrative Hearings for a contested case hearing on the merits of the Department's action described in the notice:

(A) If the Department finds that the claimant and claimant's representative did not receive the decision notice and did not have actual knowledge of the notice; or

(B) If the Department finds that the claimant did not meet the timeframe required by section (6) of this rule due to excusable mistake, surprise, excusable neglect (which may include neglect due to significant cognitive or health issues), good cause (see OAR 461-025-0305), reasonable reliance on the statement of a Department employee relating to procedural requirements, or due to fraud, misrepresentation, or other misconduct of the Department.

(b) The Department refers the request for a hearing to the Office of Administrative Hearings for a contested case proceeding to determine whether the claimant is entitled to a hearing on the merits if there is a dispute between the claimant and the Department about either of the following paragraphs.

(A) The claimant or claimant's representative received the decision notice or had actual knowledge of the decision notice . At the hearing, the Department must show that the claimant or claimant's representative had actual knowledge of the notice or that the Department mailed or electronically mailed the notice to the correct address of the claimant or claimant's representative, as provided to the Department.

(B) The claimant qualifies for a contested case hearing on the merits under paragraph (a)(B) of this section.

(c) The Department may only dismiss such a request for hearing as untimely without a referral to the Office of Administrative Hearings if the following requirements are met:

(A) The undisputed facts show that the claimant does not qualify for a hearing under this section; and

(B) The decision notice was served personally or by registered or certified mail.

(8) In computing the time periods provided by this rule, see OAR 461-025-0300(1).

(9) In the REF and REFM programs, a claimant is not eligible for a contested case hearing when assistance is terminated because the eligibility time period imposed by OAR 461-135-0900 has been reached. If the issue is the date of entry into the United States the Department provides for prompt resolution of the issue by inspection of the individual's documentation issued by the US Citizenship and Immigration Services (USCIS) or by information obtained from USCIS, rather than by contested case hearing.

(10) If the Department receives a hearing request more than 120 days after an overpayment notice became a final order by default:

(a) The Department verifies whether its records indicate that the liable adult requesting the hearing was sent the overpayment notice.

(b) If no overpayment notice was sent to that liable adult, the overpayment hearing request is timely. The Department will send the claimant a decision notice or a contested case notice.

(c) If the Department determines that an overpayment notice was sent to the liable adult, there is no hearing right based on the issue of whether or not the overpayment notice was received.

(d) Any hearing request is treated as timely when required under the Servicemembers Civil Relief Act.

(e) The Department may dismiss a request for hearing as untimely if the claimant does not qualify for a hearing under this section.

(11) If the Department receives a hearing request more than 120 days after a decision notice (other than an overpayment notice) became a final order by default:

(a) Any hearing request is treated as timely when required under the Servicemembers Civil Relief Act.

(b) The Department may dismiss a request for hearing as untimely if the claimant does not qualify for a hearing under subsection (a) of this section.

(12) Notwithstanding sections (7), (10), and (11) of this rule, for medical assistance, the time frame is the same as the one in OAR 410-200-0146 instead of 120 days.

[ED. NOTE: Forms referenced are available from the agency.]

History

Statutory/Other Authority: ORS 411.060, 411.095, 411.404, 411.408, 411.816, 411.892, 412.014 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.095, 411.404, 411.408, 411.816, 411.892, 412.014, 412.049, 411.103, 412.009, 412.069 & 412.072
SSP 58-2024, amend filed 11/27/2024, effective 12/01/2024
SSP 40-2024, temporary amend filed 06/18/2024, effective 06/18/2024 through 12/14/2024
SSP 14-2024, minor correction filed 02/21/2024, effective 02/21/2024
SSP 19-2023, amend filed 06/20/2023, effective 07/01/2023
SSP 1-2018, minor correction filed 01/02/2018, effective 01/02/2018
SSP 45-2016, f. 12-20-16, cert. ef. 1-1-17
SSP 40-2016, f. & cert. ef. 11-1-16
SSP 9-2014, f. & cert. ef. 4-1-14
SSP 32-2013(Temp), f. & cert. ef. 10-2-13 thru 3-31-14
SSP 24-2013, f. & cert. ef. 10-1-13
SSP 17-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13
SSP 25-2012, f. 6-29-12, cert. ef. 7-1-12
SSP 4-2012(Temp), f. & cert. ef. 1-31-12 thru 7-29-12
SSP 25-2011, f. 9-30-11, cert. ef. 10-1-11
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
SSP 17-2008, f. & cert. ef. 7-1-08
SSP 8-2008, f. & cert. ef. 4-1-08
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08
SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06
SSP 21-2004, f. & cert. ef. 10-1-04
SSP 16-2003, f. & cert. ef. 7-1-03
AFS 23-2002(Temp), f. 12-31-02, cert. ef. 1-1-03 thru 6-30-03
AFS 22-2001, f. & cert. ef. 10-1-01
AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00
AFS 17-2000, f. 6-28-00, cert. ef. 7-1-00
AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00
AFS 26-1996, f. 6-27-96, cert. ef. 7-1-96
AFS 4-1995, f. & ef. 2-1-95
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-025-0311 Continuation of Benefits

(1) This rule explains who may receive continuing benefits until a final order is issued in a contested case.

(2) Except as provided otherwise in this rule, an individual who is entitled to a continuing benefit decision notice (see OAR 461-001-0000) or a timely continuing benefit decision notice (see OAR 461-001-0000) under a rule in division 175 of this chapter of rules may, at the option of the individual, receive continuing benefits, in the same manner and same amount, until a final order resolves the contested case. To be eligible for continuing benefits, the individual must submit a complete request for hearing (see OAR 461-025-0305 and 461-025-0305(3)) by the later of the following:

(a) The tenth day following the date of the notice.

(b) The effective date of the action proposed in the notice.

(3) The continuing benefits are subject to modification based on additional changes affecting the individual's eligibility or level of benefits.

(4) In determining timeliness under section (2) of this rule, delay caused by circumstances beyond the control of the claimant (see OAR 461-025-0305) is not counted.

(5) In the REF and REFM programs, individuals are not entitled to continuing benefits when the issue in question is regarding the termination of benefits because the eligibility time period imposed by OAR 461-135-0900 has been reached.

History

Statutory/Other Authority: ORS 409.010, 409.050, 411.060, 411.404, 411.408, 411.816, 412.014 & 412.049
Statutes/Other Implemented: ORS 409.010, 411.060, 411.404, 411.408, 411.816, 412.014 & 412.049
SSP 29-2026, amend filed 06/29/2026, effective 07/01/2026
SSP 19-2023, amend filed 06/20/2023, effective 07/01/2023
SSP 41-2010, f. 12-30-10, cert. ef. 1-1-11
SSP 26-2010(Temp), f. & cert. ef. 8-16-10 thru 2-12-11
SSP 17-2008, f. & cert. ef. 7-1-08
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
SSP 33-2003, f. 12-31-03, cert. ef. 1-4-04
SSP 28-2003(Temp), f. 10-31-03, cert. ef. 11-1-03 thru 12-31-03
AFS 27-2001, f. 12-21-01, cert. ef. 1-1-02
AFS 22-2001, f. & cert. ef. 10-1-01
AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00

Or. Admin. R. 461-025-0315 Expedited Hearings

(1) A claimant has the right to an expedited hearing in each of the following situations:

(a) The Department denies or fails to issue a timely decision on claimant's request for:

(A) Emergency assistance (EA); or

(B) Temporary Assistance for Domestic Violence Survivors (TA-DVS) (see OAR 461-135-1235).

(b) The claimant contests the form or amount of a TA-DVS or an emergency assistance payment.

(c) The claimant has the right to a hearing over a reduction, suspension, or closure and disagrees with the Department's decision to deny the continuation of one or more of the following pending a requested hearing:

(A) Cash benefits.

(B) Supplemental Nutrition Assistance Program (SNAP) benefits.

(D) Nursing Home services or home and community-based care (see OAR 461-001-0030) that have been reduced or closed as a result of a service re-assessment conducted in accordance with OAR Division 411-015.

(d) The claimant's request for expedited SNAP service or Disaster Supplemental Nutrition Assistance Program (DSNAP) is denied, or the claimant is aggrieved by an action of the Department that affects the expedited participation of the household in the SNAP program.

(e) In the Job Opportunity and Basic Skills (JOBS) program, the Department denies an application for a support service payment or a payment for a basic living expense authorized by OAR 461-190-0211, or the Department reduces or closes a support service payment authorized by 461-190-0211, or the Department does not issue a JOBS support service payment within the time frames required under 461-115-0190.

(f) For Medicare Savings Programs (see OAR 461-001-0000) and Oregon Supplemental Income Program Medical (OSIPM), when following the final order timeline in OAR 461-025-0375(1)(a) could jeopardize the individual’s life, health, or ability to attain, maintain, or regain maximum function.

(2) Public assistance and medical assistance programs: An expedited hearing is a telephone hearing held within five working days of the Department's receipt of a properly submitted hearing request, unless the claimant requests more time. The claimant is entitled to reasonable notice of the hearing either through personal service, by overnight mail, or if the claimant agrees by electronic mail. The final order must be issued within three working days from the date the hearing closes.

(3) SNAP: An expedited hearing is a telephone hearing held within five working days of the receipt of a verbal or written hearing request, unless the claimant requests more time. The claimant is entitled to reasonable notice of the hearing either through personal service, by overnight mail, or if the claimant agrees by electronic mail. Following the expedited hearing, a final order must be issued not later than the ninth working day after the hearing was requested.

(4) If the Office of Administrative Hearings grants a face-to-face hearing, the hearing may be postponed or continued as necessary to accommodate the claimant. However, the hearing must be held not later than 21 days following the receipt by the Department of the request for hearing if the claimant lives within 100 miles of Salem, Oregon, and not later than 35 days in all other cases.

History

Statutory/Other Authority: ORS 411.060, 411.095, 411.404, 411.816, 412.049 & 409.050
Statutes/Other Implemented: 411.404, 411.816, 412.049, ORS 411.060, 411.095, 411.099, 411.103, 409.010, 42 CFR 431.224 & 412.072
SSP 19-2026, amend filed 03/19/2026, effective 04/01/2026
SSP 13-2024, minor correction filed 02/21/2024, effective 02/21/2024
SSP 15-2019, amend filed 06/11/2019, effective 07/01/2019
SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 26-2013, f. & cert. ef. 10-1-13
SSP 17-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13
SSP 25-2012, f. 6-29-12, cert. ef. 7-1-12
SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07
SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06
SSP 21-2004, f. & cert. ef. 10-1-04
SSP 16-2003, f. & cert. ef. 7-1-03
AFS 23-2002(Temp), f. 12-31-02, cert. ef. 1-1-03 thru 6-30-03
AFS 22-2002, f. 12-31-02, cert. ef. 1-1-03
AFS 10-2002, f. & cert. ef. 7-1-02
AFS 16-1999, f. 12-29-99, cert. ef. 1-1-00
AFS 9-1999, f. & cert. ef. 7-1-99
AFS 4-1995, f. & ef. 2-1-95
AFS 2-1991, f. 1-15-91, cert. ef. 2-1-91
AFS 21-1990(Temp), f. 8-28-90, cert. ef. 9-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-025-0316 Intentional Program Violation (IPV) Hearings; ERDC, REF, REFM, SFPSS, SNAP, SEBT and TANF programs

Notwithstanding the other rules in this division of rules and the rules at OAR 137-003-0501 and following, this rule governs intentional program violation hearings for the Employment Related Day Care (ERDC) under the authority of Chapter 461, Refugee Assistance (REF), Refugee Assistance Medical (REFM), State Family Pre-SSI/SSDI (SFPSS), Supplemental Nutrition Assistance Program (SNAP), Summer EBT (SEBT) and Temporary Assistance for Needy Families (TANF) programs.

(1) An individual accused of an Intentional Program Violation may waive the right to an IPV hearing by signing a waiver on a form prescribed by the Department. There is no further administrative appeal after the individual signs the waiver unless the individual asserts that the signature on the waiver was obtained by fraud or under duress and, within 90 days from the date the waiver was signed, requests a hearing (see OAR 461-025-0310) to prove this. The individual has the burden of proving fraud or duress. If an Administrative Law Judge determines that the signature on the waiver was obtained by fraud or under duress, the waiver may be nullified and the Department may thereafter initiate an Intentional Program Violation hearing.

(2) If an IPV is not established by waiver or in court, the Department may initiate the IPV hearing. The individual is entitled to an Advanced Notice of Intentional Program Violation Hearing at least 30 days in advance of the scheduled hearing. The notice includes the specific charge(s) alleged by the Department.

(3) Within 90 days of the date the individual is notified in writing of the disqualification hearing, the Office of Administrative Hearings will conduct the hearing and serve a final order on the individual.

(4) The individual is entitled to a postponement of the scheduled hearing, if the request for postponement is made at least 10 days before the date of the scheduled hearing. The hearing will not be postponed for more than a total of 30 days, and the Office of Administrative Hearings may limit the postponements to one.

(5) When the individual fails to appear for the scheduled IPV hearing, the hearing may be conducted without the individual if:

(a) The individual refused the notice of hearing;

(b) The individual refused to claim the notice of hearing;

(d) The notice of hearing was sent to the address last reported by the individual to the Department and was returned as undeliverable.

(6) An individual who received notice of the scheduled IPV hearing has 10 days from the date of the scheduled hearing to present reasons indicating a "good cause" for failure to appear. An individual who did not receive notice of the scheduled IPV hearing must present reasons indicating "good cause" for failure to appear as part of a petition for reconsideration or rehearing of the final order within 30 days of the date of the final order.

(a) For purposes of this rule, "good cause" means the individual was unable to attend the hearing and unable to request a postponement for reasons beyond their control.

(b) "Good cause" will be determined on the record by the Office of Administrative Hearings. If the individual shows "good cause", the Office of Administrative Hearings will schedule another IPV hearing for the individual.

(7) The Administrative Law Judge must advise the individual that they may refuse to answer questions during the hearing.

(8) The standard for proving that an individual has committed an Intentional Program Violation is clear and convincing evidence.

(9) There is no administrative appeal of a final order, except as provided in section (6) of this rule.

History

Statutory/Other Authority: 411.816 & ORS 409.050
Statutes/Other Implemented: ORS 183.417, 409.010, 411.620, 411.630, 411.635, 411.640, 411.660, 411.690, 411.816 & 411.840
SSP 58-2024, amend filed 11/27/2024, effective 12/01/2024
SSP 40-2024, temporary amend filed 06/18/2024, effective 06/18/2024 through 12/14/2024
SSP 19-2023, amend filed 06/20/2023, effective 07/01/2023
SSP 5-2020, amend filed 03/30/2020, effective 04/01/2020
SSP 24-2019, temporary amend filed 12/17/2019, effective 12/17/2019 through 06/13/2020
SSP 9-2014, f. & cert. ef. 4-1-14
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
AFS 16-1999, f. 12-29-99, cert. ef. 1-1-00
AFS 4-1995, f. & ef. 2-1-95

Or. Admin. R. 461-025-0325 Informal Conference

(1) The Department representative and the claimant may have an informal conference to discuss any of the matters listed in OAR 137-003-0575(4). The informal conference may also be used to:

(a) Provide an opportunity for the Department and the claimant to settle the matter;

(b) Ensure the claimant understands the reason for the action that is the subject of the hearing request;

(d) Inform the claimant of the rules that serve as the basis for the contested action;

(e) Give the claimant and the Department the chance to correct any misunderstanding of the facts;

(f) Determine if the claimant wishes to have any witness subpoenas issued; and

(g) Give the Department an opportunity to review its action.

(2) The claimant may, at any time prior to the hearing date, request an additional conference with the Department representative.

(3) The Department may provide to the claimant the relief sought at any time before the Final Order is served.

(4) Notwithstanding any rule in this chapter of rules, prehearing conferences are governed by OAR 137-003-0575.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.095
AFS 16-1999, f. 12-29-99, cert. ef. 1-1-00
AFS 26-1996, f. 6-27-96, cert. ef. 7-1-96
AFS 4-1995, f. & ef. 2-1-95
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-025-0332 Burden of Proof

Except in an IPV case, the claimant has the burden of proof.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.095
AFS 17-2000, f. 6-28-00, cert. ef. 7-1-00

Or. Admin. R. 461-025-0350 Withdrawals of Hearing Requests

(1) A claimant (see OAR 461-025-0305) may withdraw a request for hearing (see OAR 461-025-0305) at any time before a final order has been issued on the contested case.

(a) In the DSNAP program, the withdrawal of a request for hearing must be in writing.

(b) In all programs other than the DSNAP program, a claimant may withdraw a request for hearing orally or in writing.

(2) The Department or the Office of Administrative Hearings will send an order confirming the withdrawal of a hearing request to the claimant's last known address. The claimant may cancel the withdrawal in writing if received by the Department hearing representative up to the tenth work day following the date such an order is served.

History

Statutory/Other Authority: ORS 411.060, 411.816 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.816, 412.049 & 2007 OL Ch. 288
SSP 1-2019, minor correction filed 01/14/2019, effective 01/14/2019
SSP 8-2008, f. & cert. ef. 4-1-08
SSP 16-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 6-27-08
SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
AFS 9-2001, f. & cert. ef. 6-1-01
AFS 16-1999, f. 12-29-99, cert. ef. 1-1-00
AFS 4-1995, f. & ef. 2-1-95
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-025-0356 Dismissal for Failure to Appear

Except in an IPV case, a hearing request is dismissed by order when neither the party nor the party’s representative appears at the time and place specified for the hearing. The order is effective on the date scheduled for the hearing. The Department will cancel the dismissal order on request of the party on a showing that the party was unable to attend the hearing and unable to request a postponement for reasons beyond his or her control.

History

Statutory/Other Authority: ORS 411.060, 411.070 & 411.095
Statutes/Other Implemented: ORS 411.060, 411.070 & 411.095
AFS 17-2000, f. 6-28-00, cert. ef. 7-1-00

Or. Admin. R. 461-025-0371 Proposed and Final Orders

(1) When the Department refers a contested case under this division of rules (OAR 461-025) to the Office of Administrative Hearings (OAH), the Department indicates on the referral:

(a) Whether the Department is authorizing a proposed order, a proposed and final order (OAR 137-003-0645(4)), or a final order.

(b) If the Department is establishing an earlier deadline for written exceptions and argument because the contested case is being referred for an expedited hearing.

(2) When the Department authorizes either a proposed order or a proposed and final order:

(a) The claimant (see OAR 461-025-0305) or party may file written exceptions and written argument to be considered by the Department. The exceptions and argument must be received at the location indicated in the OAH order not later than the 20th day after service of the proposed order or proposed and final order, unless subsection (1)(b) of this rule applies.

(b) Proposed Orders. After OAH issues a proposed order, the Department issues the final order, unless the Department requests that OAH issue the final order under OAR 137-003-0655.

(c) Proposed and Final Orders. If the claimant or party does not submit timely exceptions or argument following a proposed and final order, the proposed and final order becomes a final order on the 21st day after service of the proposed and final order unless the Department has issued a revised order or has notified the claimant or party and OAH that the Department will issue the final order. When the Department receives timely exceptions or argument, the Department issues the final order, unless the Department requests that OAH issue the final order under OAR 137-003-0655.

(3) If in a contested case hearing the Office of Administrative Hearings is authorized to issue a final order on behalf of the Department, the Department may issue the final order in the case of default.

(4) A petition by a claimant or party for reconsideration or rehearing must be filed with the individual who signed the final order, unless stated otherwise on the final order.

History

Statutory/Other Authority: ORS 183.341, 409.050, 411.060, 411.404, 411.408, 411.816, 412.014 & 412.049
Statutes/Other Implemented: ORS 183.341, 409.050, 411.060, 411.095, 411.404, 411.408, 411.816, 412.014 & 412.049
SSP 25-2011, f. 9-30-11, cert. ef. 10-1-11
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
AFS 17-2000, f. 6-28-00, cert. ef. 7-1-00
AFS 16-1999, f. 12-29-99, cert. ef. 1-1-00
AFS 14-1999, f. & cert. ef. 11-1-99

Or. Admin. R. 461-025-0375 Final Order; Timeliness and Effective Date

(1) A Final Order will be issued or the case otherwise resolved:

(a) In public assistance and medical assistance cases not later than 90 days following the request for hearing;

(b) In cases involving only the SNAP program not later than 60 days following the request for hearing; and

(2) Delay due to a postponement or continuance granted at claimant's request shall not be counted in computing the time limits specified in section (1) of this rule.

(3) The final order is effective immediately upon being signed or as otherwise provided in the order.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.095
SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 17-2008, f. & cert. ef. 7-1-08
AFS 16-1999, f. 12-29-99, cert. ef. 1-1-00
AFS 4-1995, f. & ef. 2-1-95
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Division 101 PROGRAM ACRONYMS AND OVERVIEW

Or. Admin. R. 461-101-0010 Program Acronyms and Overview

(1) Acronyms are frequently used when referring to a program. There is an acronym for each umbrella program and acronyms for each subprogram.

(2) When no program acronym appears in a rule in chapter 461 of these rules, the rule with no program acronym applies to all programs listed in this rule. If a rule does not apply to all programs, the rule uses program acronyms to identify the programs to which the rule applies.

(3) Wherever an umbrella acronym appears, that means the rule covers all the subprograms under that code.

(4) ABAWD; Able-Bodied Adults Without Dependents. The ABAWD employment program is one of the SNAP (see section (31) of this rule) employment and training programs. Individuals who are identified as ABAWD are subject to the SNAP time limits (see OAR 461-135-0520).

(5) Citizenship Waived Medical (previously referred to in Chapter 461 as CWM). Medicaid coverage of emergent medical needs for individuals who were not eligible for other medical programs solely because they did not meet citizenship or noncitizen status requirements. Due to ORS 414.231, which established Healthier Oregon (see OAR 461-135-1080), the Department ended Citizenship Waived Medical effective June 30, 2023. The Department’s primary rule for the program, OAR 461-135-1070, was repealed.

(6) DSNAP; Disaster Supplemental Nutrition Assistance Program. Following a presidential declaration of a major disaster in Oregon, DSNAP provides emergency DSNAP program benefits to victims. OAR 461-135-0491 to 461-135-0497 cover DSNAP eligibility and benefits.

(7) EA; Emergency Assistance. Emergency cash to eligible families to help meet emergent needs.

(8) ERDC; Employment Related Day Care. Helps eligible families pay the cost of child care. The program is governed by the Department of Early Learning and Care (DELC) under Oregon Administrative Rule chapter and division 414-175 beginning July 1, 2023.

(9) GA; General Assistance. Cash assistance to eligible individuals with disabilities.

(10) HSD; Health Systems Division. A division within the Oregon Health Authority (OHA) that is responsible for coordinating the medical assistance programs within the State of Oregon (see chapter 410 division 200).

(11) HSP; Housing Stabilization Program. A program that helps eligible families obtain stable housing. The program is operated through the Housing and Community Services Department through community-based, service-provider agencies. The Department's rules for the program (OAR 461-135-1305 to 461-135-1335) were repealed July 1, 2001.

(12) JOBS; Job Opportunity and Basic Skills. An employment program for TANF (see section (34) of this rule) participants. JOBS helps these individuals attain self-sufficiency through training and employment. The program is part of Welfare Reform.

(13) JOBS Plus. JOBS Plus is a component of the JOBS Program. Except as provided under OAR 461-190-0416, JOBS Plus provides subsidized jobs, rather than SNAP or TANF benefits, for individuals receiving TANF and determined JOBS eligible. Eligibility for the JOBS Plus component is determined by the Department.

(14) JPI; Job Participation Incentive. An additional $35 food benefit to help increase the ability of parents with children, who meet federal TANF participation rate, to meet the nutritional needs of their families.

(15) LIS; Low-Income Subsidy. The Low-Income Subsidy program is a federal assistance program for Medicare recipients who are eligible for extra help meeting their Medicare Part D prescription drug costs.

(16) OFSET. The Oregon Food Stamp Employment Transition Program, which helped SNAP program benefit recipients find employment. This program was mandatory for some SNAP program benefit recipients.

(17) OSIP; Oregon Supplemental Income Program. Cash supplements and special need payments to individuals who are determined eligible for OSIPM and meet the requirements set forth under OARs 461-155-0500 through 461-155-0710.

(18) OSIPM; Oregon Supplemental Income Program Medical. Medical coverage for individuals who are 65 years of age or older, who are blind, or who have a disability (see OAR 461-125-0310). When used alone, OSIPM refers to all OSIPM programs. The following codes or names are used for OSIPM subprograms:

(a) OSIPM-AB; Oregon Supplemental Income Program Medical - Aid to the Blind.

(b) OSIPM-AD; Oregon Supplemental Income Program Medical - Aid to the Disabled.

(d) OSIPM-Behavioral Health; Oregon Supplemental Income Program Medical – Individuals age 21 or older eligible for 1915(i) state plan services.

(e) OSIPM-DAC; Oregon Supplemental Income Program Medical – Disabled Adult Children.

(f) OSIPM-EPD; Oregon Supplemental Income Program Medical - Employed Persons with Disabilities program.

(g) OSIPM-Healthier Oregon; Oregon Supplemental Income Program Medical – Healthier Oregon. Medicaid coverage for individuals who are not eligible for other medical programs solely because they do not meet citizenship or noncitizen status requirements. The Department’s main chapter 461 rule for Healthier Oregon is OAR 461-135-1080.

(h) OSIPM-OAA; Oregon Supplemental Income Program Medical - Old Age Assistance.

(i) OSIPM-Pickle; Oregon Supplemental Income Program Medical – Pickle Amendment individuals.

(j) OSIPM-SSI; Oregon Supplemental Income Program Medical – Assumed eligible individuals receiving Supplemental Security Income (SSI).

(k) OSIPM-Survivor Widows; Oregon Supplemental Income Program Medical – Individuals who lost SSI due to the receipt of Social Security Benefits from a deceased spouse.

(l) OSIPM-1619B; Oregon Supplemental Income Program Medical – Assumed eligible individuals with 1619B status from the Social Security Administration.

(19) The Post-TANF program provided a monthly transitional payment to employed individuals who were no longer eligible for the Pre-TANF or TANF programs due to earnings, and met the other eligibility requirements.

(20) The Pre-TANF program is an up-front assessment and resource-search program for TANF applicant families. The intent of the program is to assess the individual's employment potential; determine any barriers to employment or family stability; develop an individualized case plan that promotes family stability and financial independence; help individuals find employment or other alternatives; and provide basic living expenses immediately to families in need.

(21) QDWI; Qualified Disabled and Working Individual. QDWI is one of four Medicare Savings Programs (see OAR 461-001-0000). QDWI provides payment of the Medicare Part A premium for individuals under age 65 who have lost eligibility for Social Security Disability Insurance (SSDI) benefits because they have become substantially gainfully employed. This program is also referred to as QMB-DW in the chapter 461 rules.

(22) QI; Qualifying Individual. QI is one of four Medicare Savings Programs . QI provides payment of the Medicare Part B premium only. There are no medical benefits available through QI. This program has a 100-percent federal match, but also has an allocation that, if reached, results in the closure of the program. This program is also referred to as QMB-SMF in the chapter 461 rules.

(23) QMB; Qualified Medicare Beneficiary. QMB is one of four Medicare Savings Programs. QMB provides payment of Part A and Part B Medicare premiums as well as Medicare Part A and Part B deductibles, copayments, and co-insurance. This program is also referred to as QMB-BAS in the chapter 461 rules.

(24) REF; Refugee Assistance. Cash assistance to eligible refugees who are not eligible for the TANF program.

(25) REFM; Refugee Assistance Medical. Medical coverage for eligible refugees who are not eligible for Medicaid.

(26) REP; Refugee Employment Program. Any self-sufficiency service, employment service, or case plan that is available to or developed for individuals in the REF program.

(27) The Repatriate Program helps Americans resettle in the United States if they have left a foreign land because of an emergency situation.

(28) SFDNP; Senior Farm Direct Nutrition Program. Food vouchers for eligible seniors. Funded by a grant from the United States Department of Agriculture.

(29) SFPSS; State Family Pre-SSI/SSDI Program. A voluntary program providing cash assistance and case management services to families when at least one TANF eligible adult in the household has an impairment (see OAR 461-125-0260) and is or will be applying for Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI).

(30) SLMB; Specified Low-Income Medicare Beneficiary. SLMB is one of four Medicare Savings Programs. SLMB providespayment of the Medicare Part B premium only. There are no medical benefits available through SLMB. This program is also referred to as QMB-SMB in the chapter 461 rules.

(31) SNAP; Supplemental Nutrition Assistance Program. Helps eligible households maintain proper nutrition by giving them the means to purchase food. SNAP used to be known as FS or Food Stamps; any reference to SNAP also includes FS and Food Stamps.

(32) STEP; SNAP Training and Employment Program. A training and employment program for certain SNAP participants.

(33) TA-DVS; Temporary Assistance for Domestic Violence Survivors. Assistance for families where there is a current or future risk of further domestic violence.

(34) TANF; Temporary Assistance for Needy Families. Cash assistance for eligible families with children to help meet a family's basic needs.

(35) TANF YEP; Temporary Assistance for Needy Families Youth Employment Program. A program for TANF teen parents, non-parenting teens, and young parents who are 16 through 24 years of age. Youth will learn workplace skills, job readiness, and have an opportunity for short-term subsidized employment.

History

Statutory/Other Authority: 411.060, 411.404, 411.706, 411.816, 412.014, 412.049, 414.025, 414.826, 413.085, 414.619, 409.050, 411.070, 411.083, 414.231, 412.006 & 412.084
Statutes/Other Implemented: 409.010, 411.060, 411.404, 411.704, 411.706, 411.816, 412.014, 412.049, 414.025, 414.826, 414.117, 411.070, 411.083, 414.231, 412.006 & 412.084
SSP 29-2025, amend filed 12/29/2025, effective 01/01/2026
SSP 60-2024, amend filed 12/30/2024, effective 01/01/2025
SSP 50-2023, amend filed 11/30/2023, effective 12/01/2023
SSP 24-2023, temporary amend filed 07/01/2023, effective 07/01/2023 through 12/27/2023
SSP 21-2023, amend filed 06/22/2023, effective 07/01/2023
SSP 25-2022, minor correction filed 02/16/2022, effective 02/16/2022
SSP 34-2021, amend filed 06/23/2021, effective 07/01/2021
SSP 4-2021, minor correction filed 02/18/2021, effective 02/18/2021
SSP 44-2020, amend filed 12/22/2020, effective 01/01/2021
SSP 34-2017, amend filed 12/18/2017, effective 01/01/2018
SSP 10-2017, f. 3-24-17, cert. ef. 4-1-17
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 11-2015, f. 3-13-15, cert. ef. 4-1-15
SSP 24-2014, f. & cert. ef. 10-1-14
SSP 18-2014(Temp), f. & cert. ef. 7-1-14 thru 12-23-14
SSP 16-2014, f. & cert. ef. 7-1-14
SSP 14-2014(Temp), f. & cert. ef. 6-26-14 thru 12-23-14
SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 29-2013(Temp), f. & cert. ef. 10-1-13 thru 2-19-14
SSP 22-2013(Temp), f. & cert. ef. 8-23-13 thru 2-19-14
SSP 9-2012, f. 3-29-12, cert. ef. 4-1-12
SSP 41-2010, f. 12-30-10, cert. ef. 1-1-11
SSP 25-2010(Temp), f. & cert. ef. 8-16-10 thru 2-12-11
SSP 18-2010, f. & cert. ef. 7-1-10
SSP 39-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
SSP 29-2009(Temp), f. & cert. ef. 10-1-09 thru 3-30-10
SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09
SSP 23-2008, f. & cert. ef. 10-1-08
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08
SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07
SSP 8-2006, f. & cert. ef. 6-1-06
SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06
SSP 7-2005, f. & cert. ef. 7-1-05
SSP 22-2004, f. & cert. ef. 10-1-04
SSP 17-2004, f. & cert. ef. 7-1-04
SSP 6-2004, f. & cert. ef. 4-1-04
SSP 29-2003(Temp), f. 10-31-03, cert. ef. 11-1-03 thru 3-31-04
SSP 7-2003, f. & cert. ef. 4-1-03
SSP 1-2003, f. 1-31-03, cert. ef. 2-1-03
AFS 10-2002, f. & cert. ef. 7-1-02
AFS 5-2002, f. & cert. ef. 4-1-02
AFS 22-2001, f. & cert. ef. 10-1-01
AFS 17-2001(Temp), f. 8-31-01, cert. ef. 9-1-01 thru 9-30-01
AFS 11-2001, f. 6-29-01, cert. ef. 7-1-01
AFS 17-2000, f. 6-28-00, cert. ef. 7-1-00
AFS 9-1999, f. & cert. ef. 7-1-99
AFS 7-1999, f. 4-27-99, cert. ef. 5-1-99
AFS 1-1999(Temp), f. & cert. ef. 2-1-99 thru 7-31-99
AFS 25-1998, f. 12-18-98, cert. ef. 1-1-99
AFS 17-1998, f. & cert. ef. 10-1-98
AFS 10-1998, f. 6-29-98, cert. ef. 7-1-98
AFS 4-1998, f. 2-25-98, cert. ef. 3-1-98
AFS 9-1997, f. & cert. ef. 7-1-97
AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97
AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97
AFS 17-1996, f. 4-29-96, cert. ef. 5-1-96
AFS 13-1995, f. 6-29-95, cert. ef. 7-1-95
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 16-1993, f. & cert. ef. 9-1-93
AFS 35-1992, f. 12-31-92, cert. ef. 1-1-93
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 23-1990, f. 9-28-90, cert. ef. 10-1-90
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90
AFS 16-1990, f. 6-29-90, cert. ef. 7-1-90
AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Division 105 RIGHTS AND RESPONSIBILITIES

Or. Admin. R. 461-105-0006 Business Continuity Provisions

(1) The use of this rule by any self-sufficiency branch office (see OAR 461-001-0000) requires the approval for that site by:

(a) The Director of Self-Sufficiency Programs or the designee of this official; or

(b) The Deputy Director of Self Sufficiency Programs.

(2) The Department will only approve the use of this rule after considering the feasibility of avoiding the use of the rule by moving enough employees who are able to perform the needed tasks to the sites that have too few employees.

(3) For purposes of this rule:

(a) "Business continuity disruption" refers to an emergency event or a work stoppage that causes the absence of most of the employees in at least one branch office for an expected time period of sufficient duration that compliance with applicable administrative rules in chapter 461 is not feasible. A "business continuity disruption" continues until a sufficient number of employees return to work to permit compliance at the branch office with the administrative rules in chapter 461.

(b) "Emergent need".

(A) In the SNAP program, the term "emergent need" refers to an individual who qualifies for expedited services under OAR 461-135-0575.

(B) In the medical assistance programs:

(i) The term "emergent need" refers to an individual reporting either of the following:

(I) A medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention or medication may reasonably be expected to result in placing the health of the patient in serious jeopardy, serious impairment to bodily functions, or serious dysfunction of any bodily organ or part.

(II) A need for prompt processing of an application to secure provider services for mental health, substance abuse, or long-term care.

(ii) An individual does not need to document the "emergent need".

(C) In the REF and TANF programs, the term "emergent need" refers to a household that meets the requirements of one of the following subparagraphs:

(i) Countable income less than $150 a month, and liquid resources that do not exceed $100.

(ii) Gross income and resources that combined are less than the total of the household's monthly rent or mortgage, plus its utilities.

(iii) Liquid resources (see subsection (c) of this section) that do not exceed $100 as well as being a destitute household of migrant and seasonal farmworkers (see OAR 461-001-0015) with little or no income at the time of application.

(D) In the TA-DVS program, the term "emergent need" refers to an individual with an immediate safety need.

(c) "Liquid resources" refers to cash on hand, a checking or savings account, a savings certificate, and a lump sum payment.

(4) During a business continuity disruption , a branch office issues DSNAP benefits as provided in OAR 461-135-0491 to 461-135-0497 if the branch office is in a location authorized by the Food and Nutrition Service (FNS) during a disaster benefit period. This rule does not otherwise apply to the DSNAP program.

(5) Notwithstanding any other administrative rule in chapter 461, during a business continuity disruption under the authorization required in section (1) of this rule, a Self-Sufficiency branch office may use any or all of the following special provisions:

(a) Application process.

(A) Individuals qualifying as emergent need .

(i) In the medical assistance, REF, and TANF programs, acceptance or processing by the Department of applications may be limited to individuals in emergent need .

(ii) In the SNAP program, processing of applications for new individuals may be limited to individuals in emergent need .

(B) Application process for individuals without an emergent need .

(i) In the REF and TANF programs, each branch office using this provision may document a request for benefits by maintaining a dated list of the names of these new individuals as well as social security numbers (if available). The Department will use these lists to establish the date of request for those who request assistance during the business continuity disruption and complete the application within 30 days after the conclusion of the business continuity disruption or by the deadline that applies under another program rule, whichever occurs later.

(ii) In the SNAP program, for a new applicant, each branch office using this provision may document a filing date by maintaining a file of completed filing pages. The Department will schedule and conduct interviews with each applicant after the conclusion of the business continuity disruption .

(iii) In the medical assistance programs, each branch office should establish a date of request using OAR 461-115-0030.

(iv) In the TA-DVS program, the Department may document a request for benefits by maintaining a dated list of the names of the applicants as well as social security numbers (if available). The Department will use this list to establish a filing date for those applicants who request assistance during the business continuity disruption . After the conclusion of the business continuity disruption, the Department will schedule and conduct interviews with each applicant within two business days , or when an immediate safety need arises, whichever occurs sooner.

(b) Benefit levels. In the REF, SFPSS, and TANF programs:

(A) Except as provided for REF in OAR 461-135-0900(4), a current benefit recipient, including an individual in the Simplified Reporting System (SRS), may continue to receive benefits at the level in effect the day before the special provisions of this rule applied to the branch office .

(B) In the SFPSS and TANF programs, the Department may authorize a branch office to automatically extend certification periods for the duration of the business continuity disruption .

(C) Payments for support services (see OAR 461-001-0025) listed in a case plan (see OAR 461-001-0025) may continue at the level in effect the day before the special provisions of this rule applied to the branch office . The Department approves or denies any new request for a support services payment on a case by case basis.

(D) In the REF and TANF programs, for an emergent need household, the Department may issue a temporary benefit in the following amounts:

(i) $200 for a single individual.

(ii) $100 for each additional individual to a maximum payment of $900.

(E) In the TA-DVS program, payments will be made to address immediate safety needs.

(c) Processing changes for current recipients. Except in the SNAP program, a branch office may suspend the processing of changes during the business continuity disruption .

(d) Redetermination of benefits issued in accordance with this rule; payments for supplemental benefits and establishment of overpayments. For each individual who receives a benefit under the provisions of this rule, after the business continuity disruption ends:

(A) The Department will determine the correct benefit amount and either provide a supplemental payment or assess an overpayment as appropriate.

(B) In the SNAP program, the Department will make the determination about supplemental payments under paragraph (A) of this subsection within 10 days of the end of the business continuity disruption .

(e) In the SNAP program, in addition to the other processes described in this rule:

(A) SNAP program benefits may be maintained at the current level and extended for two additional months when the Department receives FNS approval within any month described in the following situations:

(i) The last month of a certification period (see OAR 461-001-0000).

(ii) The month a Periodic Report form is due.

(iii) The month a Transitional Benefit Alternative period ends.

(iv) The month a Monthly Change Report is due.

(B) A current benefit recipient must report changes described in OAR 461-170-0011 by the last day of the month following the month in which the change occurred.

(6) Notwithstanding any other administrative rule in chapter 461, during a business continuity disruption with the approval of the Direct Service Delivery Administrator for Aging and People with Disabilities (APD) or the designee of this official:

(a) A branch office may limit acceptance or processing of applications for long-term services to individuals in emergent need who do not yet have a placement or are at risk of losing their current one.

(b) An APD or AAA office may apply any exception in this rule for SNAP and Medicaid programs to the extent authorized.

History

Statutory/Other Authority: ORS 411.060, 411.404, 411.816, 412.014, 412.049 & 409.050
Statutes/Other Implemented: ORS 411.060, 411.404, 411.816, 412.014, 412.049 & 409.010
SSP 19-2023, amend filed 06/20/2023, effective 07/01/2023
SSP 47-2022, amend filed 09/20/2022, effective 09/27/2022
SSP 33-2022, temporary amend filed 03/31/2022, effective 04/01/2022 through 09/27/2022
SSP 22-2020, amend filed 07/08/2020, effective 07/08/2020
SSP 34-2017, amend filed 12/18/2017, effective 01/01/2018
SSP 5-2010, f. & cert. ef. 4-1-10
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
SSP 30-2009(Temp), f. & cert. ef. 10-1-09 thru 3-30-10

Or. Admin. R. 461-105-0010 Rights of Clients

Clients of the Department in programs regulated by Chapter 461 of these rules have the following rights and the right to be informed of them:

(1) The right to information about the programs administered by the Department.

(2) The right to confidentiality for individually identifiable information to the extent provided under federal and state law, including the administrative rules of the Department.

(3) The right to refuse social services unless:

(a) The service is court-ordered;

(b) The service is related to a case plan as defined in OAR 461-001-0020 or 461-001-0025; or

(4) In the Pre-TANF, REF, SFPSS, and TANF programs:

(a) The right to be offered or request available screenings or evaluations at any time that identify barriers (see OAR 461-001-0025) or the existence of a disability (see OAR 461-001-0000), extent of the disability , or need for accommodations, or modifications relevant to the program.

(b) The right to decline a screening or evaluation that would disclose to the program the existence of a disability unknown to the program.

(5) The right, at any time, to obtain the Department's standard form for requesting a hearing.

(6) The right to request a hearing to the extent provided in OAR 461-025-0310 and 461-025-0315.

(7) The right to request and receive an application to apply for any program administered by the Department in paper or electronic format.

(8) The right to have a decision on eligibility made by the Department within the timelines set forth in OAR 461-115-0190 and 461-115-0210.

(9) The right to apply for and receive benefits and services from the Department and its contractors, grantees, agents, and providers of services who receive payments from the Department without discrimination on the basis of race, color, national origin, religion, gender, sexual orientation, disability, or political beliefs (see OAR 461-105-0180 and 461-105-0190).

(10) The right to courteous, fair, and dignified treatment by Department personnel and to file a complaint with the Department about staff conduct or customer service to the extent provided in OAR 407-005-0100 to 407-005-0120.

(11) The right to file a complaint with the Department about discrimination or unfair treatment as provided in Procedure DHS-010-005-01, "Filing a Client Complaint or Report of Discrimination" or OAR 407-005-0030.

History

Statutory/Other Authority: ORS 329A.500, 409.050, 411.060, 411.816, 412.006, 412.009, 412.014 & 412.049
Statutes/Other Implemented: ORS 329A.500, 409.010, 411.060, 411.816, 412.006, 412.009, 412.014, 412.049 & 7 CFR 273.2
SSP 21-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06
SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05
SSP 7-2005, f. & cert. ef. 7-1-05
AFS 13-2002, f. & cert. ef. 10-1-02
AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00
AFS 11-1999, f. & cert. ef. 10-1-99
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-105-0020 Responsibilities

To be eligible for benefits, individuals must do all the following:

(1) Provide true, complete, and accurate information required to determine eligibility (see OAR 461-001-0000) and verify that information, to the extent permitted by their physical and mental condition, or authorize the branch office (see OAR 461-001-0000) to obtain verification.

(2) Comply with the eligibility requirements of the program for which they are requesting or receiving benefits.

(3) Report changes as required under OAR 461-170-0010.

(4) Accept social services that are court-ordered or related to a case plan (see OAR 461-001-0020, 461-001-0025, and 461-001-0027).

(5) Cooperate with quality control (see OAR 461-105-0410) and eligibility (see division 115 of chapter 461) reviews by providing requested information and verification.

(6) Complete the application process or inform the branch office of their decision to withdraw the application for program benefits.

(7) Share these responsibilities with all adults who reside in the same household, for whom benefits are being requested, who are required to apply together, and who would be held liable for an overpayment under OAR 461-195-0541.

History

Statutory/Other Authority: ORS 411.060, 411.070 & 411.087
Statutes/Other Implemented: ORS 411.060, 411.111 & 411.085
SSP 47-2023, amend filed 09/25/2023, effective 10/01/2023
AFS 11-1999, f. & cert. ef. 10-1-99
AFS 28-1992, f. & cert. ef. 10-1-92
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-105-0060 Release of Information to the Client

For any program covered by Chapter 461 of the Oregon Administrative Rules:

(1) The Department must make the information in a case record of a client available to the following people within the limits described in this rule:

(a) Anyone in the filing group.

(b) Anyone authorized by the primary person or by a person in the filing group.

(2) The primary person and filing group members may have access only to client information that is related to the time during which they had that position in the case. The person can appoint an authorized representative whose access to client information covers only that same period.

(3) The "minimum necessary" standard as described in OAR 410-014-0040 is extended to limit the sharing of individually identifying information by the Department about one member of a filing group with either another member of the filing group or anyone authorized by another member of the filing group.

(4) Except for HIV information, case record information may be requested by the client and released to the client by telephone. The client must satisfy the branch as to the client's identity.

(5) Except as provided in this rule and in OAR 410-014-0030(6), information obtained from a third party that is part of the case record of the client is available to the client.

(6) The Department may withhold from a client information obtained from a confidential informant, including the identity of the informant, if all of the following are true:

(a) The information was submitted to the Department in confidence.

(b) The information was not required by law to be submitted.

(d) The Department has obliged itself not to disclose the information.

(e) The Department is not using the withheld information in a contested case hearing in which the client is a party.

(f) The public interest would suffer if the information were disclosed.

(7) Subject to OAR 407-003-0010:

(a) A client, an authorized representative (as defined at OAR 461-115-0090, 461-115-0140, and 461-115-0145), or a personal representative (as defined at 410-014-0000(32), including an attorney who represents the client on a matter before the Department) may request a copy of information from the client file at no cost once every 12 months. If the client, authorized representative, or personal representative requests another copy of the same information already provided more frequently than once every 12 months, the branch office may impose a reasonable, cost-based fee.

(b) If an authorized third party who is not an authorized representative or personal representative requests client records, fees may be assessed for accessing stored records, extracting filed matter, duplication of records, or other costs necessary to releasing requested information.

(c) A branch office may establish additional, reasonable fees to cover extraordinary costs of duplicating records, making extensive searches, or preparing written summaries of records.

(d) At the option of the branch office, fee assessment may be waived.

(8) An individual designated by the manager must be present while the client or the authorized third party has access to the case record. No one except a Department employee is allowed to remove any material from the case record. Subject to payment of any cost-based fee assessed by a branch office consistent with OAR 407-003-0010 and this rule, the branch office will provide the individual examining the case record a copy of any portion of the case record that the individual is entitled to examine.

History

Statutory/Other Authority: ORS 411.060, 411.300, 411.816 & 412.049
Statutes/Other Implemented: ORS 410.150, 411.060, 411.300, 411.320, 411.335, 411.816, 411.837, 412.049, 418.130 & 412.072
SSP 12-2024, minor correction filed 02/21/2024, effective 02/21/2024
SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06
SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90

Or. Admin. R. 461-105-0070 Client Authorization for Release of Client Information to Third Party

(1) For any program covered by chapter 461 of the Oregon Administrative Rules, a verbal authorization from the client is permitted to allow verbal release of specified case record information to third parties, except that:

(a) Verbal authorization is not permitted for the release of health and treatment information.

(b) Verbal authorization is not permitted for the release of domestic violence (see OAR 461-001-0000) information, except as identified in section (2) of this rule.

(2) Verbal authorization from the client is permitted to disclose limited domestic violence information to community agencies who provide domestic violence services. The disclosure is strictly limited to:

(a) The client’s name.

(b) The client’s safe contact information.

(3) Verbal authorization to release case record information described in sections (1) and (2) of this rule is valid for a period of 30 days from the date the authorization is given, unless the individual specifies a shorter time period.

History

Statutory/Other Authority: ORS 411.060, 411.300, 411.816 & 412.049
Statutes/Other Implemented: ORS 410.150, 411.060, 411.300, 411.320, 411.335, 411.816, 411.837, 412.049, 418.130 & 412.072
SSP 20-2026, amend filed 03/19/2026, effective 04/01/2026
SSP 25-2025, temporary amend filed 11/19/2025, effective 11/19/2025 through 05/17/2026
SSP 11-2024, minor correction filed 02/21/2024, effective 02/21/2024
SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90

Or. Admin. R. 461-105-0100 Release of Client Information to Law Enforcement Officers

For any program covered by chapter 461 of the Oregon Administrative Rules:

(1) The Department may provide client information to a law enforcement officer in any of the following situations:

(a) The law enforcement officer is involved in carrying out public assistance or medical assistance laws, or any investigation, criminal or civil proceedings connected with administering the Department’s benefit programs.

(b) A Department employee may disclose information from personal knowledge that does not come from the client’s interaction with the Department.

(2) Except as provided in section (3) of this rule, the Department may give a client’s current address, Social Security number, and photo to a law enforcement officer if the law enforcement officer makes the request in the course of official duty, supplies the client’s name, and states that the client:

(a) Is a fugitive felon or is violating parole or probation; or

(b) For all programs except SNAP, has information that is necessary for the officer to conduct official duties of the officer, and the location or apprehension of the client is within the officer’s official duties. For clients only in the SNAP program, has information that is necessary to conduct an official investigation of a fugitive felon or someone violating parole or probation.

(3) If domestic violence has been identified in the household, section (2) of this rule does not authorize the release of information about a victim of domestic violence unless a member of the household is either wanted as a fugitive felon or is violating probation or parole.

(4) For purposes of the rules in Division 461-105, a fugitive felon is a person fleeing to avoid prosecution or custody for a crime, or an attempt to commit a crime, that would be classified as a felony

(5) For purposes of the rules in Division 461-105, a law enforcement officer is an employee of the Oregon State Police, a county sheriff’s department, or a municipal police department, whose job duties include arrest authority.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.404, 411.816, 412.014, 412 & 049
Statutes/Other Implemented: ORS 409.010, 410.150, 411.060, 411.320, 411.335, 411.404, 411.816, 411.837, 412.014, 412.049 & 412.072
SSP 10-2024, minor correction filed 02/21/2024, effective 02/21/2024
SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06
AFS 24-1997, f. 12-31-97, cert. ef. 1-1-98
AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97
AFS 32-1996(Temp), f. & cert. ef. 9-23-96
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90

Or. Admin. R. 461-105-0110 Release of Client Information to Service Providers and Legal Bodies

For any program covered by chapter 461 of the Oregon Administrative Rules, in the absence of a specific and current client authorization that covers the applicable information and identifies the recipient:

(1) Department employees may release to service providers information necessary for accurate billing of services provided to Department clients.

(2) The following client information may be released to the client's child care providers:

(a) The program for which the client is eligible.

(b) The amount of the Department child care payment.

(d) Reasons for a delay in payment, but only information that is specific to the reason for the delay.

(3) The Department may not disclose any information identifying any client by name or address to any committee, advisory board, legislative body, or individual member of such committee, board, or body.

(4) Except for social security numbers, health, treatment, and domestic violence information, the Department may disclose the minimum necessary information about a client to a staff member in the office of a member of the Oregon state legislature or United States Congress who has been asked by the client to review an action taken by the Department.

(5) Court-appointed special advocate (CASA) volunteers who have been appointed to a specific child are authorized to view information about the child. All other information must be removed from the case file.

(6) The Department may release client information in a judicial proceeding if at least one of the following is true:

(a) The proceedings are directly connected with administering the programs covered by chapter 461 of the Oregon Administrative Rules.

(b) A judge orders the release of the information.

(7) When appearing before the court in a judicial proceeding where the proceeding is not directly connected with administering a program covered by chapter 461 of the Oregon Administrative Rules, a Department employee provides the presiding judge with copies of the state statutes relating to confidentiality of client records (such as ORS 412.072, 411.320, and 412.074). The employee requests the court's guidance about testifying under the statutes.

History

Statutory/Other Authority: ORS 411.060, 411.300, 411.816 & 412.049
Statutes/Other Implemented: ORS 410.150, 411.060, 411.300, 411.320, 411.335, 411.816, 411.837, 412.049, 412.049, 412.074 & 412.072
SSP 9-2024, minor correction filed 02/21/2024, effective 02/21/2024
SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06
AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97
AFS 32-1996(Temp), f. & cert. ef. 9-23-96
AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90

Or. Admin. R. 461-105-0120 Release of Information on Child Support and Paternity Cases

(1) For the purposes of this rule, the following terms have the following definitions:

(a) "Alleged father" means any male who has been named as a possible father of a child for whom paternity has not been established or has been contested.

(b) "Obligee" means a caretaker parent or custodian, spouse, former spouse or other dependent person for whose benefit a court or hearing officer has ordered payment of support.

(c) "Obligor" means any person who has been ordered by a court or hearing officer to make payments for the support of a child or a caretaker parent or custodian, spouse, former spouse or other dependent person.

(2) For any program covered by chapter 461 of the Oregon Administrative Rules, in the absence of a specific and current client authorization that covers the applicable information and identifies the recipient, the Department may release to the Department of Justice, Oregon Child Support Program, the names of the alleged father, the obligor, and the obligee, the amount of support ordered, and the amount of current and past due support owed at any given time from its electronic files.

History

Statutory/Other Authority: ORS 411.060, 411.300, 411.816 & 412.049
Statutes/Other Implemented: ORS 410.150, 411.060, 411.300, 411.320, 411.335, 411.816, 411.837, 412.049, 418.130 & 412.072
SSP 49-2024, minor correction filed 09/04/2024, effective 09/04/2024
SSP 8-2024, minor correction filed 02/21/2024, effective 02/21/2024
SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06
AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 1-1993, f. & cert. ef. 2-1-93
AFS 17-1992, f. & cert. ef. 7-1-92
AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90

Or. Admin. R. 461-105-0130 Disclosure of Client Information

For any program covered by chapter 461 of the Oregon Administrative Rules:

(1) The Department may disclose the minimum necessary client information without client authorization for purposes directly connected with:

(a) Administering the public assistance, medical assistance, and Supplemental Nutrition Assistance Program (SNAP) laws, except for social security numbers, health, treatment, and domestic violence (see OAR 461-001-0000) information.

(b) Any investigation, prosecution, or criminal or civil proceeding conducted in connection with administering the programs covered by chapter 461 of the Oregon Administrative Rules.

(c) Any legally authorized audit or review by a governmental entity conducted in connection with administering the programs covered by chapter 461 of the Oregon Administrative Rules.

(2) Client information, other than health, treatment, or domestice violence information, may be exchanged with other governmental or private, non-profit agencies to only the extent necessary to assist applicants or recipients of public assistance, medical assistance, or SNAP benefits to access and receive other governmental or private, non-profit services that will benefit or serve the applicant or recipient. Reasonable efforts must be made to obtain applicant or recipient authorization in advance.

(3) For all programs except SNAP, client information may be disclosed without the client's authorization for purposes directly connected with foster care and adoption assistance programs under Title IV-E of the Social Security Act.

(4) Notwithstanding any rule in this division, client information, other than health, treatment, or domestic violence information, may be disclosed to an Oregon attorney who represents that client if both of the following requirements are met:

(a) The attorney states that they are currently representing the client.

(b) The attorney states that the client has authorized disclosure of the client information to the attorney.

(5) Notwithstanding any rule in this division, client information may be disclosed for the purposes of making a report of suspected abuse as required under ORS 124.060, 419B.010, 430.765, or 441.640.

History

Statutory/Other Authority: ORS 411.060, 411.300, 411.816 & 412.049
Statutes/Other Implemented: ORS 410.150, 411.060, 411.300, 411.320, 411.335, 411.816, 411.837, 412.049, 412.072, 418.130 & 412.074
SSP 20-2026, amend filed 03/19/2026, effective 04/01/2026
SSP 7-2024, minor correction filed 02/21/2024, effective 02/21/2024
SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06
AFS 24-1997, f. 12-31-97, cert. ef. 1-1-98
AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97
AFS 32-1996(Temp), f. & cert. ef. 9-23-96
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90

Or. Admin. R. 461-105-0150 Requests and Fees for Written Public Records

(1) A request for written public records from the Office of Self-Sufficiency Programs must be in writing and must specifically identify the record being requested, the number of copies requested, and the name and address of the individual or entity making the request.

(2) The topic of fees for public records is covered in OAR 407-003-0010 and 461-105-0060.

History

Statutory/Other Authority: ORS 192.430, 409.050, 411.060, 411.816 & 412.049
Statutes/Other Implemented: ORS 192.430, 192.440, 409.010, 411.060, 411.816 & 412.049
SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
AFS 24-2001, f. & cert. ef. 11-1-01
AFS 1-1993, f. & cert. ef. 2-1-93
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-105-0180 Nondiscrimination in Determining Eligibility

Determine eligibility without discrimination on the basis of race, color, sex, national origin, disability, political beliefs, age, or religious creed.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060
AFS 36-1996, f. 10-31-96, cert. ef. 11-1-96
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-105-0190 Discriminatory Actions

(1) The rules of the Department protecting individuals with disabilities against discrimination are set out at OAR 407-005-0000 to 407-005-0030.

(2) The following acts of discrimination on grounds of race, color, sex, political beliefs, age, religious creed or national origin are specifically prohibited:

(a) Denying an individual any service, financial aid, or other benefit provided under any program.

(b) Providing any service, financial aid, or other benefit to an individual that is different, or is provided in a different way, from that provided to others under the program, unless such action is necessary to provide individuals with disabilities with aids, benefits or services that are as effective as those provided to others.

(c) Subjecting an individual to segregation or separate treatment in any way related to receipt of any service, financial aid, or other program benefit.

(d) Restricting an individual in any way from any advantage or privilege enjoyed by others receiving any service, financial aid, or other benefit under any program.

(e) Treating an individual differently from others in determining whether they satisfy any admission, enrollment, quota, eligibility, membership or other requirement or condition individuals must meet to be provided any service, financial aid, or other benefit provided under any program.

(f) Denying an individual an opportunity to participate in any program or afford them an opportunity to do so that is different from that afforded others under the program.

(g) Denying a person the opportunity to participate as a member of a planning or advisory body that is an integral part of the program.

History

Statutory/Other Authority: ORS 409.050, ORS 411.060, 411.070, 411.816 & 412.049
Statutes/Other Implemented: ORS 409.050, 411.060, 411.070, 411.816 & 412.049
SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-105-0410 Requirement to Cooperate in Quality Control Review; REF, REFM, SNAP, and TANF

(1) In the REF, REFM, SNAP, and TANF programs, individuals are required to cooperate in the Department's quality control review process.

(2) In the REF, REFM, and TANF programs, an individual who refuses to cooperate is ineligible for the program in which the review takes place until the individual cooperates.

(3) In the SNAP program, if an individual refuses to cooperate, the individual's filing group (see OAR 461-110-0370) is ineligible for the program. The individual may choose to cooperate at any time. If the SNAP benefits have not already closed, the filing group does not need to reapply. The filing group , upon filing a new application, may again be found eligible only in accordance with federal Food Stamp regulations in 7 CFR 273.2(d)(2).

History

Statutory/Other Authority: ORS 411.060, 411.816 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.816, 412.049 & ORS 411.404
SSP 19-2023, amend filed 06/20/2023, effective 07/01/2023
SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07
AFS 13-2002, f. & cert. ef. 10-1-02
AFS 24-2001, f. & cert. ef. 11-1-01
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Division 110 ELIGIBILITY GROUPS

Or. Admin. R. 461-110-0210 Household Group

(1) This rule describes who is included in the household group. The household group generally consists of the individuals who live together with or without the benefit of a dwelling.

(2) For individuals who are experiencing homelessness, the household group consists of the individuals who consider themselves living together. Individuals who are experiencing homelessness who do not consider themselves living together are considered separate households.

(3) A separate dwelling is not recognized for the purpose of determining the members of a household group unless the living space has, separate from any other dwelling, an access to the outside that does not pass through another dwelling, a functional sleeping area, bathroom, and kitchen facility.

(4) Each individual in the household group who applies for benefits is an applicant. The household group and applicants form the basis for determining who is in the remaining eligibility groups.

(5) For all programs except the SNAP program, a separate household group is established for individuals who live in the same dwelling as another household group, if all the following subsections are true:

(a) There is a landlord-tenant relationship between the two household groups in which the tenant is billed by the landlord at fair market value (see OAR 461-001-0000) for housing.

(b) The tenant lives independently from the landlord.

(A) Has and uses sleeping, bathroom, and kitchen facilities separate from the landlord; or

(B) Shares bathroom or kitchen facilities with the landlord, but the facilities are in a commercial establishment that provides room or board or both for compensation at fair market value .

(6) Individuals who live with more than one household group during a calendar month are members of the household group in which they spend more than half of their time, except as follows:

(a) In the TANF program:

(A) If a parent (see OAR 461-001-0000) sleeps at least 30 percent of the time during the calendar month in the home of the dependent child (see OAR 461-001-0000), the parent is in the same household group as the dependent child .

(B) A dependent child is included in the household group with the caretaker relative (see OAR 461-001-0000), who usually has the major responsibility for care and control of the dependent child , if the dependent child lives with two household groups in the same calendar month for at least one of the following reasons:

(i) Education.

(ii) The usual caretaker relative is gone from the household for part of the month because of illness.

(iii) A family emergency.

(b) In the SNAP program:

(A) The individual is a member of the household group that provides the individual more than half of the individual's 21 weekly meals. If the individual is a child , the child is a member of the household group credited with providing the child more than half of the individual's 21 weekly meals. A household group is credited with providing breakfast and lunch for each day the child departs that group's home for school, even if the child eats no breakfast or lunch at that home.

(B) During the month in which a resident of a domestic violence shelter (see OAR 461-001-0000) enters the domestic violence shelter , the resident may be included both in the household group they left and in a household group in the domestic violence shelter .

(7) In the OSIPM program, individuals who are being evaluated under OAR 461-135-0745 or OAR 461-135-0750, or who are residing in a 24-hour mental health residential care setting are a household group of one regardless of others living in the individual's dwelling or facility.

(8) Individuals absent from the household for 30 days or more are no longer part of the household group, except for the following:

(a) In all programs except the OSIPM and SNAP programs, an individual in an acute care medical facility remains in the household group unless the individual enters long-term care (see OAR 461-001-0000).

(b) In the TANF program:

(A) A caretaker relative who is absent for up to 90 days while in a residential alcohol or drug treatment facility is in the household group.

(B) A child who is absent for 30 days or more is in the household group if the child is:

(i) Absent for illness (unless the child is in a long-term care Title XIX facility), social service, or educational reasons;

(ii) In foster care, but expected to return to the household within the next 30 days.

(c) In the TANF program, when a filing group (see OAR 461-110-0310 and 461-110-0330) includes more than one caretaker relative , a caretaker relative in the household group who is absent:

(A) Because of education, training, or employment — including absence while working or looking for work outside the area of the residence of the caretaker relative , such as long-haul truck driving, fishing, or active duty in the U.S. armed forces; or

(B) For up to 60 days solely due to the regulations of a shelter for individuals who are experiencing homelessness or domestic violence shelter or other circumstances beyond the individual's control but who would otherwise be included in the household group.

(d) In the REF and REFM programs, an individual in the household group who was absent:

(A) For up to 90 days while in a residential alcohol or drug treatment facility;

(B) To care for an emergent need of an individual related to illness, injury, or death;

(C) Because of education, training, or employment — including absence while working or looking for work outside the area of the individual's residence, such as long-haul truck driving, fishing, or active duty in the U.S. armed forces; or

(D) For up to 60 days solely due to the regulations of a shelter for individuals who are experiencing homelessness or domestic violence shelter or other circumstances beyond the individual's control but who would otherwise be included in the household group.

(e) In the REF, REFM, and TANF programs, the Department may approve one or more 30-day extensions of this time period if the Department receives sufficient information to assure the Department that the absent individual will return within the extension period.

(9) In the OSIP-EPD and OSIPM-EPD programs, the household group consists only of the individual applying for or receiving benefits.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.706, 411.816, 412.006, 412.049, 413.085 & 414.619
Statutes/Other Implemented: ORS 409.050, 411.060, 411.070, 411.404, 411.706, 411.816, 412.006, 412.049, 413.085, 414.619, ORS 409.010, 411.704, 412.001 & 414.117
SSP 19-2023, amend filed 06/20/2023, effective 07/01/2023
SSP 45-2020, amend filed 12/22/2020, effective 01/01/2021
SSP 28-2018, amend filed 09/06/2018, effective 10/01/2018
SSP 22-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 23-2017, f. 9-11-17, cert. ef. 10-1-17
SSP 10-2017, f. 3-24-17, cert. ef. 4-1-17
SSP 15-2016, f. & cert. ef. 4-1-16
SSP 17-2015, f. & cert. ef. 6-30-15
SSP 11-2015, f. 3-13-15, cert. ef. 4-1-15
SSP 15-2014, f. & cert. ef. 7-1-14
SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 26-2013, f. & cert. ef. 10-1-13
SSP 17-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13
SSP 10-2011, f. 3-31-11, cert. ef. 4-1-11
SSP 18-2010, f. & cert. ef. 7-1-10
SSP 39-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
SSP 29-2009(Temp), f. & cert. ef. 10-1-09 thru 3-30-10
SSP 10-2007, f. & cert. ef. 10-1-07
SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07
SSP 17-2004, f. & cert. ef. 7-1-04
AFS 19-2001, f. 8-31-01, cert. ef. 9-1-01
AFS 34-2000, f. 12-22-00, cert. ef. 1-1-01
AFS 17-2000, f. 6-28-00, cert. ef. 7-1-00
AFS 9-1999, f. & cert. ef. 7-1-99
AFS 5-1999(Temp), f. & cert. ef. 4-1-99 thru 6-30-99
AFS 3-1999, f. 3-31-99, cert. ef. 4-1-99
AFS 1-1999(Temp), f. & cert. ef. 2-1-99 thru 7-31-99
AFS 4-1998, f. 2-25-98, cert. ef. 3-1-98
AFS 9-1997, f. & cert. ef. 7-1-97
AFS 13-1994, f. & cert. ef. 7-1-94
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-110-0310 Filing Group; Overview

(1) The requirements specific to individual programs for how the Department determines the members of a filing group are found in OAR 461-110-0330 to 461-110-0430.

(2) The filing group consists of the individuals from the household group (see OAR 461-110-0210) whose circumstances are considered in the eligibility determination process. The filing group consists of the following:

(a) Each individual from the household group who chooses to apply for benefits; and

(b) Each individual who must apply for benefits because of his or her relationship to an individual described in subsection (a) of this section.

(3) If the filing group does not include at least one applicant who meets all nonfinancial eligibility requirements, the filing group is ineligible.

(4) When an individual in a household group is in more than one filing group for the same program, the filing groups must be combined, unless specified otherwise in administrative rule.

History

Statutory/Other Authority: ORS 411.060, 411.816, 414.042 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.816, 411.825, 414.042 & 412.049
SSP 10-2011, f. 3-31-11, cert. ef. 4-1-11
SSP 10-2007, f. & cert. ef. 10-1-07
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-110-0330 Filing Group; TANF

In the Temporary Assistance for Needy Families (TANF) program:

(1) A filing group must include a dependent child (see OAR 461-001-0000) or an unborn child.

(2) Except for a dependent child identified in section (3) of this rule, a filing group includes each dependent child and each unborn child of the applicant, and the following household group (see OAR 461-110-0210) members (even if the member is not an applicant or does not meet nonfinancial eligibility (see OAR 461-001-0000) requirements):

(a) Each parent (see OAR 461-001-0000) of a dependent child in the filing group.

(b) Each parent of an unborn child in the filing group.

(c) Each sibling (see OAR 461-001-0000) of a dependent child in the filing group, except as specified in sections (3) and (4) of this rule. The sibling must be less than 18 years of age, or 18 years of age and attending school full time.

(d) A caretaker relative (see OAR 461-001-0000) of the dependent child in the filing group, and the spouse (see OAR 461-001-0000) and each dependent child of the caretaker relative.

(3) A dependent child is not included in the filing group if the dependent child –

(a) Is currently in foster care and receiving foster care payments (see OAR 461-145-0200);

(b) Is receiving adoption assistance (see OAR 461-145-0001); or

(4) A parent of a minor parent (see OAR 461-001-0000) is not in the filing group of the minor parent if:

(a) The minor parent does not reside with that parent ; or

(b) The parent of the minor parent is in the household group of the minor parent but is not applying for the TANF program for the minor parent or any sibling of the minor parent .

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 412.006, 412.049, 412.064 & 412.124
Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 412.006, 412.049, 412.064, 45 CFR 261.10 & 45 CFR 263.2
SSP 20-2025, amend filed 09/29/2025, effective 10/01/2025
SSP 60-2024, amend filed 12/30/2024, effective 01/01/2025
SSP 10-2018, amend filed 03/07/2018, effective 04/01/2018
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 10-2011, f. 3-31-11, cert. ef. 4-1-11
SSP 28-2009, f. & cert. ef. 10-1-09
SSP 8-2009(Temp), f. 4-20-09, cert. ef. 5-1-09 thru 10-28-09
SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09
SSP 17-2004, f. & cert. ef. 7-1-04
SSP 33-2003, f. 12-31-03, cert. ef. 1-4-04
AFS 13-2002, f. & cert. ef. 10-1-02
AFS 9-1997, f. & cert. ef. 7-1-97
AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97
AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97
AFS 27-1996, f. 6-27-96, cert. ef. 7-1-96
AFS 22-1995, f. 9-20-95, cert. ef. 10-1-95
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-110-0370 Filing Group; SNAP

In the SNAP program:

(1) Except as provided in this rule, the filing group (see OAR 461-110-0370) consists of members of a household group (see OAR 461-110-0210) who choose to apply together or customarily purchase and prepare meals together.

(2) Except as provided in sections (3) and (8) of this rule, the following household group members must be in the same filing group, even if they do not customarily purchase and prepare meals together:

(a) Each spouse (see OAR 461-001-0000).

(b) A parent (see OAR 461-001-0000) and their child under age 22 living with the parent .

(c) A household group member and any child under age 18 who lives with and is under "parental control" of that household group member. For the purposes of this subsection, "parental control" means the adult is responsible for the care, control, and supervision of the child or the child is financially dependent on the adult.

(3) In the following specific situations, the Department forms a filing group as indicated:

(a) An individual is not included in the filing group if during the month the group applied for SNAP program benefits the individual received SNAP program benefits in another household and was not the head of household in the prior household. This exclusion applies only in the month the group applied and, if necessary to meet notice requirements, in the month following the month the group applied.

(b) An elderly (see OAR 461-001-0015) individual and their spouse may be considered a separate filing group from others with whom the elderly individual purchases and prepares meals, if:

(A) The elderly individual is unable to purchase or prepare food because of a permanent and severe disabling condition; and

(B) The combined income of the other members of the household group does not exceed the monthly income standard set at 165 percent of the federal poverty level under OAR 461-155-0180 for the number of other members in the household.

(4) A paid live-in attendant may choose not to be in the filing group with the recipient of the services provided, unless required by section (2) of this rule to be in the same filing group.

(5) An individual in foster care, the individual's spouse , and each child under age 22 living with the individual are not eligible to participate in the SNAP program independently of the care or service provider's filing group, but may be included in the provider's filing group if the provider applies for benefits.

(6) Unless required under section (2) of this rule, the following household group members may form a separate filing group from other members of the household group :

(a) A resident of a drug and alcohol treatment and rehabilitation program (see OAR 461-001-0015) certified by the Department for which an employee of the facility is the authorized representative (see OAR 461-135-0510). A resident's spouse in the same facility may be in a separate filing group, but a child of a resident must be in the same filing group as the resident.

(b) A resident in a group living arrangement (see OAR 461-001-0015).

(d) An individual who is a resident of federally subsidized housing for the elderly , an individual with a disability, or blind recipient of benefits under Title I, II, X, XIV, or XVI of the Social Security Act.

(7) A member of the household group who pays the filing group for room and board (lodger) is treated as follows:

(a) A lodger may not participate in the SNAP program independently of the household group .

(b) A lodger may participate in the SNAP program with the household group when the lodger pays a reasonable amount (see subsection (d) of this section) for room and board.

(c) A lodger must participate in the SNAP program with the household group when the lodger does not pay a reasonable amount for room and board.

(d) A reasonable amount is:

(A) An amount that equals or exceeds the Thrifty Food Plan for the individual and anyone in that individual's filing group (see OAR 461-155-0190(2)), if more than two meals per day are provided; or

(B) An amount that equals or exceeds two-thirds of the Thrifty Food Plan for the individual and anyone in the individual's filing group, if two or fewer meals per day are provided.

(8) A household group member is not included in the filing group, if the member is:

(a) A resident of a commercial boarding house; or

(b) An ineligible student, as defined in OAR 461-135-0570.

(9) A household group member may be included in two filing groups in the same month, if the member:

(a) Is a resident of a domestic violence shelter (see OAR 461-001-0000) or safe home (see OAR 461-001-0000); and

(b) Recently left the household group containing the member's abuser.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070 & 411.816
Statutes/Other Implemented: ORS 409.010, 409.050, 411.060, 411.070, 411.816, 411.825 & 411.837
SSP 25-2019, amend filed 12/24/2019, effective 01/01/2020
SSP 20-2019, amend filed 09/19/2019, effective 10/01/2019
SSP 17-2019, temporary amend filed 07/10/2019, effective 07/15/2019 through 12/31/2019
SSP 27-2018, amend filed 09/04/2018, effective 10/01/2018
SSP 34-2017, amend filed 12/18/2017, effective 01/01/2018
SSP 25-2017(Temp), f. 9-15-17, cert. ef. 10-1-17 thru 1-31-18
SSP 45-2016, f. 12-20-16, cert. ef. 1-1-17
SSP 35-2016, f. 9-30-16, cert. ef. 10-1-16
SSP 28-2015, f. 9-29-15, cert. ef. 10-1-15
SSP 24-2014, f. & cert. ef. 10-1-14
SSP 24-2013, f. & cert. ef. 10-1-13
SSP 30-2012, f. 9-28-12, cert. ef. 10-1-12
SSP 25-2011, f. 9-30-11, cert. ef. 10-1-11
SSP 10-2011, f. 3-31-11, cert. ef. 4-1-11
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
SSP 28-2009, f. & cert. ef. 10-1-09
SSP 5-2009, f. & cert. ef. 4-1-09
SSP 23-2008, f. & cert. ef. 10-1-08
SSP 10-2007, f. & cert. ef. 10-1-07
SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06
SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06
SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05
SSP 7-2005, f. & cert. ef. 7-1-05
SSP 22-2004, f. & cert. ef. 10-1-04
SSP 23-2003, f. & cert. ef. 10-1-03
AFS 13-2002, f. & cert. ef. 10-1-02
AFS 22-2001, f. & cert. ef. 10-1-01
AFS 12-2001, f. 6-29-01, cert. ef. 7-1-01
AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00
AFS 11-1999, f. & cert. ef. 10-1-99
AFS 22-1998, f. 10-30-98, cert. ef. 11-1-98
AFS 15-1998(Temp), f. 9-15-98, cert. ef. 10-1-98 thru 10-31-98
AFS 19-1997, f. & cert. ef. 10-1-97
AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97
AFS 34-1996, f. 9-26-96, cert. ef. 10-1-96
AFS 32-1996(Temp), f. & cert. ef. 9-23-96
AFS 23-1995, f. 9-20-95, cert. ef. 10-1-95
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94
AFS 19-1994, f. & cert. ef. 9-1-94
AFS 6-1994, f. & cert. ef. 4-1-94
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 1-1993, f. & cert. ef. 2-1-93
AFS 28-1992, f. & cert. ef. 10-1-92
AFS 20-1991, f. & cert. ef. 10-1-91
AFS 9-1991, f. 3-29-91, cert. ef. 4-1-91
AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91
AFS 23-1990, f. 9-28-90, cert. ef. 10-1-90
AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-110-0410 Filing Group; Medicare Savings Programs, OSIPM

(1) In the Oregon Supplemental Income Program Medical (OSIPM) (except the OSIPM-Employed Persons with Disabilities program) (OSIPM-EPD), for applicants who live in a standard living arrangement (see OAR 461-001-0000), the filing group consists of each applicant and the following members of the household group (see OAR 461-110-0210):

(a) The spouse (see OAR 461-001-0000) of an applicant.

(b) Each parent (see OAR 461-001-0000) of a child (see OAR 461-001-0000), if the child is applying and not assumed eligible (see OAR 461-135-0010).

(2) In the OSIPM program, for individuals being evaluated under OAR 461-135-0745, OAR 461-135-0750, OAR 461-135-0755, and OSIPM-EPD, the filing group consists only of the individual applying for benefits.

(3) In the Medicare Savings Programs (see OAR 461-001-0000), whether in a standard living arrangement or a nonstandard living arrangement (see OAR 461-001-0000), the filing group consists of each applicant and the following members of the household group :

(a) The spouse of an applicant.

(b) Each parent of a child, if the child is applying and not assumed eligible.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.706, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 411.404 & 411.706
SSP 6-2026, minor correction filed 02/17/2026, effective 02/17/2026
SSP 41-2024, amend filed 06/20/2024, effective 07/01/2024
SSP 23-2017, f. 9-11-17, cert. ef. 10-1-17
SSP 15-2014, f. & cert. ef. 7-1-14
SSP 10-2011, f. 3-31-11, cert. ef. 4-1-11
SSP 17-2008, f. & cert. ef. 7-1-08
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06
SSP 22-2004, f. & cert. ef. 10-1-04
AFS 11-2001, f. 6-29-01, cert. ef. 7-1-01
AFS 7-1999, f. 4-27-99, cert. ef. 5-1-99
AFS 1-1999(Temp), f. & cert. ef. 2-1-99 thru 7-31-99
AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97
AFS 13-1995, f. 6-29-95, cert. ef. 7-1-95
AFS 1-1993, f. & cert. ef. 2-1-93
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-110-0430 Filing Group; REF, REFM

In the Refugee Assistance (REF) and Refugee Assistance Medical (REFM) programs:

(1) The filing group consists of an adult (see section (2) of this rule) applicant and the following members of the household group (see OAR 461-110-0210):

(a) The spouse (see OAR 461-001-0000) of an applicant.

(b) Each dependent child (see OAR 461-001-0000) of an adult in the filing group.

(2) For purposes of this rule, an "adult" means an individual who is not a dependent child (see OAR 461-001-0000) in a TANF filing group (see OAR 461-110-0330).

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.116, 412.006 & 412.049
Statutes/Other Implemented: ORS 409.010, 409.050, 411.060, 411.070, 411.116, 411.060, 411.070, 411.116, 412.006, 412.049, 45 CFR 400, 409.010, 412.049 & 412.006
SSP 54-2024, amend filed 09/27/2024, effective 10/01/2024
SSP 34-2017, amend filed 12/18/2017, effective 01/01/2018
SSP 22-2017, f. 9-8-17 & cert. ef. 10-1-17
SSP 11-2015, f. 3-13-15, cert. ef. 4-1-15
SSP 24-2013, f. & cert. ef. 10-1-13
SSP 9-2013(Temp), f. & cert. ef. 4-10-13 thru 10-7-13
SSP 30-2012, f. 9-28-12, cert. ef. 10-1-12
SSP 10-2011, f. 3-31-11, cert. ef. 4-1-11
SSP 32-2010, f. & cert. ef. 10-1-10
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
SSP 10-2007, f. & cert. ef. 10-1-07
AFS 10-2002, f. & cert. ef. 7-1-02
AFS 9-1997, f. & cert. ef. 7-1-97

Or. Admin. R. 461-110-0530 Financial Group

(1) Except as provided in section (4) of this rule, the "financial group" consists of the filing group (see OAR 461-110-0310) members whose income and resources the Department considers in determining eligibility (see OAR 461-001-0000) and benefits.

(2) For Medicare Savings Programs (see OAR 461-001-0000), Oregon Supplemental Income Program Medical-Employed Persons with Disabilities (OSIPM-EPD), and the Supplemental Nutrition Assistance Program (SNAP), the financial group consists of each individual in the filing group .

(3) In the Refugee Assistance (REF) and Refugee Assistance Medical (REFM) programs, the financial group consists of each individual in the filing group , except an individual who is eligible for and receives a Supplemental Security Income (SSI) cash payment.

(4) In the Oregon Supplemental Income Program Medical (OSIPM) (except OSIPM-EPD):

(a) For the purposes of this section of this rule, "ineligible" means an individual not eligible to receive either SSI or Temporary Assistance for Needy Families (TANF) program benefits.

(b) When an individual lives in a standard living arrangement (see OAR 461-001-0000):

(A) Except as provided in paragraph (B) of this subsection, each member of the filing group is in the financial group .

(B) When an individual is legally married (see OAR 461-001-0000), not assumed eligible (see OAR 461-135-0010) for OSIPM, and the individual's spouse (see OAR 461-001-0000) is considered ineligible (see subsection (a) of this section):

(i) If the individual's adjusted income (see OAR 461-001-0000) using the deductions allowed under OAR 461-160-0550(4), or after being evaluated under certain protected groups (see OAR 461-135-0771 to OAR 461-135-0830), is greater than the OSIPM program adjusted income standard for a need group of one under OAR 461-155-0250, the individual is in their own financial group and not eligible for OSIPM.

(ii) When there are children in the home, if the ineligible spouse's remaining countable (see OAR 461-001-0000) income after allocation (see OAR 461-160-0551) to each ineligible child is equal to or less than the difference between the couple and the individual SSI standards: the spouse is not included in the financial group when determining income eligibility ; however, the spouse is included in the financial group when determining resource eligibility .

(iii) When there are no children in the home, if the ineligible spouse’s countable income is less than the difference between the couple and the individual SSI standards: the spouse is not included in the financial group when determining income eligibility ; however, the spouse is included in the financial group when determining resource eligibility .

(c) When an individual is in a nonstandard living arrangement (see OAR 461-001-0000), or the individual is being evaluated under OAR 461-135-0745, and the community spouse is not in the household group ; the community spouse is included in the financial group to determine eligibility as follows:

(A) The resources of the community spouse are considered in order to calculate the community spouse resource allowance and the provisions of OAR 461-160-0580 apply.

(B) The income of the community spouse is not considered in determining eligibility except when calculating the community spouse resource allowance as specified in OAR 461-160-0580, and the community spouse is not included in any other eligibility group.

(C) This subsection applies at initial eligibility or when an individual becomes legally married , whichever occurs later.

(5) In the TANF program, the financial group consists of each individual in the filing group except the following:

(a) A caretaker relative , other than a parent , who chooses not to be included in the need group and has income less than the non-needy countable income limit standard (see OAR 461-155-0030) for the filing group of the caretaker relative .

(b) The spouse of a caretaker relative , when the caretaker relative meets the requirements under subsection (a) of this section.

(c) A dependent child of a caretaker relative when the caretaker relative meets the requirements under subsection (a) of this section.

(d) An individual who is eligible for and receives an SSI cash payment.

History

Statutory/Other Authority: 411.404, 411.706, 411.816, 412.006, 412.049, 412.064, 412.124, 414.712, ORS 409.050, 411.060, 411.070, 413.085 & 414.619
Statutes/Other Implemented: 414.826, 414.117, 411.404, 411.706, 411.816, 412.006, 412.049, 412.064, 412.124, 414.712, 411.060, 411.070 & ORS 409.010
SSP 29-2025, amend filed 12/29/2025, effective 01/01/2026
SSP 41-2024, amend filed 06/20/2024, effective 07/01/2024
SSP 19-2023, amend filed 06/20/2023, effective 07/01/2023
SSP 34-2021, amend filed 06/23/2021, effective 07/01/2021
SSP 33-2017, amend filed 12/08/2017, effective 01/01/2018
SSP 23-2017, f. 9-11-17, cert. ef. 10-1-17
SSP 40-2016, f. & cert. ef. 11-1-16
SSP 32-2016(Temp), f. & cert. ef. 9-1-16 thru 2-27-17
SSP 24-2015, f. 9-29-15, cert. ef. 10-1-15
SSP 15-2014, f. & cert. ef. 7-1-14
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 30-2012, f. 9-28-12, cert. ef. 10-1-12
SSP 16-2012(Temp), f. & cert. ef. 5-1-12 thru 10-28-12
SSP 10-2011, f. 3-31-11, cert. ef. 4-1-11
SSP 18-2010, f. & cert. ef. 7-1-10
SSP 39-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10
SSP 28-2009, f. & cert. ef. 10-1-09
SSP 14-2009(Temp), f. & cert. ef. 7-1-09 thru 10-28-09
SSP 13-2009, f. & cert. ef. 7-1-09
SSP 8-2009(Temp), f. 4-20-09, cert. ef. 5-1-09 thru 10-28-09
SSP 17-2008, f. & cert. ef. 7-1-08
SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
AFS 24-1997, f. 12-31-97, cert. ef. 1-1-98
AFS 9-1997, f. & cert. ef. 7-1-97
AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97
AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-110-0630 Need Group

(1) The "need group" consists of the individuals whose basic and special needs are used in determining eligibility (see OAR 461-001-0000) and benefit level.

(2) In the Emergency Assistance (EA) program, the need group consists of the members of the financial group (see OAR 461-110-0530) who meet all nonfinancial eligibility requirements, except that members disqualified for an intentional program violation (see OAR 461-195-0601) are not in the need group.

(3) In the Medicare Savings Programs (see OAR 461-001-0000) and Oregon Supplemental Income Program Medical-Employed Persons with Disabilities (OSIPM-EPD), the need group consists of each member of the financial group .

(4) In the Oregon Supplemental Income Program Medical (OSIPM) (except OSIPM-EPD):

(a) If a child (see OAR 461-001-0000) is applying, the need group consists of the child .

(b) In all other situations, the need group consists of each member of the financial group .

(5) In the Pre-Temporary Assistance for Needy Families (Pre-TANF) and Temporary Assistance for Needy Families (TANF) programs, the need group consists of all the members of the financial group except:

(a) A parent (see OAR 461-001-0000) who is in foster care and for whom foster care payments are being made.

(b) An unborn child.

(6) In the Supplemental Nutrition Assistance Program (SNAP), the need group consists of the members of the financial group who meet all nonfinancial eligibility requirements, except the following individuals are not in the need group:

(a) A member disqualified for an intentional program violation .

(b) A fleeing felon under OAR 461-135-0560.

(c) An individual violating a condition of state or federal parole, probation, or post-prison supervision under OAR 461-135-0560.

(d) An individual who becomes ineligible due to the time limit in OAR 461-135-0520.

(7) In the Refugee Assistance (REF) and Refugee Assistance Medical (REFM) programs, the need group consists of all the members of the financial group except:

(a) An unborn child.

(b) Any individual that is in a TANF benefit group (see OAR 461-110-0750).

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.404, 411.706, 411.816, 412.049 & 414.231
Statutes/Other Implemented: ORS 411.060, 411.070, 411.404, 411.706, 411.816, 412.049, 414.231, 411.704, 414.025, 414.826, 414.831, 414.117 & 45 CFR 400
SSP 7-2026, minor correction filed 02/17/2026, effective 02/17/2026
SSP 54-2024, amend filed 09/27/2024, effective 10/01/2024
SSP 19-2023, amend filed 06/20/2023, effective 07/01/2023
SSP 10-2017, f. 3-24-17, cert. ef. 4-1-17
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 15-2016, f. & cert. ef. 4-1-16
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 30-2012, f. 9-28-12, cert. ef. 10-1-12
SSP 16-2012(Temp), f. & cert. ef. 5-1-12 thru 10-28-12
SSP 10-2011, f. 3-31-11, cert. ef. 4-1-11
SSP 41-2010, f. 12-30-10, cert. ef. 1-1-11
SSP 25-2010(Temp), f. & cert. ef. 8-16-10 thru 2-12-11
SSP 18-2010, f. & cert. ef. 7-1-10
SSP 39-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10
SSP 13-2009, f. & cert. ef. 7-1-09
SSP 17-2008, f. & cert. ef. 7-1-08
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08
SSP 10-2007, f. & cert. ef. 10-1-07
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06
SSP 7-2006(Temp), f. 3-31-06, cert. ef. 4-1-06 thru 9-28-06
SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06
SSP 17-2004, f. & cert. ef. 7-1-04
SSP 6-2004, f. & cert. ef. 4-1-04
SSP 29-2003(Temp), f. 10-31-03, cert. ef. 11-1-03 thru 3-31-04
AFS 13-2002, f. & cert. ef. 10-1-02
AFS 9-1997, f. & cert. ef. 7-1-97
AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97
AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97
AFS 36-1996, f. 10-31-96, cert. ef. 11-1-96
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 6-1991(Temp), f. & cert. ef. 2-8-91
AFS 23-1990, f. 9-28-90, cert. ef. 10-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-110-0750 Benefit Group

(1) A "benefit group" consists of the individuals who receive benefits.

(2) Except as provided in sections (4) and (5) of this rule, for an individual not assumed eligible for medical programs (see OAR 461-135-0010), the benefit group consists of each individual from the need group (see OAR 461-110-0630) requesting benefits who meets all financial and nonfinancial eligibility (see OAR 461-001-0000) requirements.

(3) For an individual assumed eligible for medical programs (see OAR 461-135-0010 and OAR 461-135-0930(6)), the benefit group consists of the individuals who are in the benefit group of the program used to assume eligibility.

(4) In the TANF program, the following individuals are not in the benefit group:

(a) An individual who may not be in the benefit group because of a disqualification penalty (see OAR 461-130-0330 and 461-135-0085).

(b) An individual disqualified for an intentional program violation (see OAR 461-195-0601).

(c) An individual who may not be in the benefit group because the individual has reached the time limit in OAR 461-135-0071 and does not meet any of the extension criteria in OAR 461-135-0073 or exemption criteria in OAR 461-135-0075.

(d) A fleeing felon (see OAR 461-135-0560).

(e) An individual violating a condition of state or federal parole, probation, or post-prison supervision (see OAR 461-135-0560).

(f) An individual who does not meet the citizenship and noncitizen status requirements in OAR 461-120-0110 and 461-120-0125.

(g) An individual who chooses not to receive benefits.

(5) In the REF and REFM programs, the following individuals are not in the benefit group:

(a) An individual who may not be in the benefit group because of a disqualification penalty (see OAR 461-130-0330 and 461-135-0085).

(b) An individual disqualified for an intentional program violation (see OAR 461-195-0601).

(d) An individual violating a condition of state or federal parole, probation, or post-prison supervision (see OAR 461-135-0560).

(e) An individual who chooses not to receive benefits.

(f) An individual who does not meet the noncitizen status requirements of OAR 461-120-0125(5), with the exception of a newborn child, so long as all parents who are in the filing group meet the noncitizen status requirements of OAR 461-120-0125(5).

History

Statutory/Other Authority: ORS 411.060, 411.404, 411.816, 412.014 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.404, 411.816, 412.014 & 412.049
SSP 38-2023, minor correction filed 07/18/2023, effective 07/18/2023
SSP 18-2022, minor correction filed 02/16/2022, effective 02/16/2022
SSP 10-2017, f. 3-24-17, cert. ef. 4-1-17
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 15-2016, f. & cert. ef. 4-1-16
SSP 10-2011, f. 3-31-11, cert. ef. 4-1-11
SSP 8-2006, f. & cert. ef. 6-1-06
SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05
SSP 6-2004, f. & cert. ef. 4-1-04
SSP 29-2003(Temp), f. 10-31-03, cert. ef. 11-1-03 thru 3-31-04
SSP 1-2003, f. 1-31-03, cert. ef. 2-1-03
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Division 115 APPLICATION, REDETERMINATION, AND VERIFICATION

Or. Admin. R. 461-115-0010 Application Process; General

(1) A client may apply for one or more programs using one application, under the time frames and eligibility requirements that apply to each program for which the client is applying. The Department redetermines eligibility at assigned intervals and whenever a client's eligibility becomes questionable.

(2) If the Department requires additional information to determine eligibility, the client is entitled to a written notice that includes a statement of the specific information needed to determine eligibility and the date by which the client must provide the required information.

(3) The Department ensures that an application form is readily available to anyone requesting one and assists clients who are unable to complete the application form or gather information necessary to verify eligibility.

(4) The Department must screen each applicant to determine whether the applicant is eligible for expedited food stamp services or is at risk of being a victim of domestic violence (see OAR 461-001-0000).

(5) In the SNAP program, a filing group is entitled to establish a filing date on the date they request benefits.

(6) If a client files an application containing the client's name and address, the Department must send the client a decision notice (see OAR 461-001-0000).

(7) A client may withdraw an application at any time.

History

Statutory/Other Authority: ORS 411.060, 411.816, 414.042 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.816, 414.042 & 412.049
SSP 10-2007, f. & cert. ef. 10-1-07
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 8-1992, f. & cert. ef. 4-1-92
AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 3-1991(Temp), f. & cert. ef. 1-17-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-115-0020 Application Requirements

(1) To complete the application process, the applicant or his or her authorized representative (see OAR 461-115-0090) must complete, sign, and submit (see section (2) of this rule) an application, apply at the appropriate location, submit necessary information to the Department within the time frames specified for each program, and meet the interview requirements of OAR 461-115-0230.

(2) As used in this rule and in OAR 461-175-0222, "submit" means that the Department has received the required documents and information.

History

Statutory/Other Authority: ORS 411.050, 411.060 & 411.070
Statutes/Other Implemented: ORS 409.050, 411.060 & 411.070
SSP 45-2016, f. 12-20-16, cert. ef. 1-1-17
SSP 39-2016(Temp), f. & cert. ef. 10-19-16 thru 4-16-17
AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 8-1992, f. & cert. ef. 4-1-92
AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-115-0030 Date of Request

(1) For all programs covered by OAR chapter 461, an individual or someone authorized to act on behalf of an individual must contact the Department or use another appropriate method to request benefits (see OAR 461-115-0150). The request may be oral or in writing.

(2) The "date of request" is one of the following:

(a) In the Emergency Assistance (EA) and Oregon Supplemental Income Program (OSIP), the "date of request" is the day the request for benefits is received by the Department.

(b) In the Refugee Assistance (REF), Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance for Domestic Violence Survivors (TA-DVS), and Temporary Assistance for Needy Families (TANF) programs, this section does not apply. See OAR 461-115-0040.

(c) In the Medicare Savings Programs (see OAR 461-001-0000), Oregon Supplemental Income Program Medical (OSIPM), and Refugee Assistance Medical (REFM) programs, for a new applicant, the "date of request" is determined as follows:

(A) The day the request for medical benefits is received by a Department representative, except as described in paragraph (B) of this subsection.

(B) If the request for medical benefits is received by a Department representative no later than the next business day after medical services are received, the "date of request" is the day these medical services were received.

(d) In the Medicare Savings Programs , OSIPM, and REFM programs, for a current recipient, the "date of request" is one of the following:

(A) The date the individual reports a change requiring a redetermination of eligibility (see OAR 461-001-0000).

(B) The date the Department initiates a review.

(C) The date the individual establishes a "date of request" by contacting the Department orally or in writing or by submitting an application.

(e) In the State Family Pre-SSI/SSDI (SFPSS) program:

(A) Except as provided in paragraph (B) of this subsection, the "date of request" is the day the individual signs the Interim Assistance Agreement.

(B) The "date of request" for support service payments is the day the request for benefits is received by the Department.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.704, 411.706, 411.816, 412.014, 412.049, 413.085, 414.619, 414.826 & 414.117
Statutes/Other Implemented: ORS 409.050, 411.060, 411.070, 411.404, 411.704, 411.706, 411.816, 412.014, 412.049, 413.085, 414.619, 414.826, 414.117, ORS 409.010 & 414.041
SSP 8-2026, minor correction filed 02/17/2026, effective 02/17/2026
SSP 19-2023, amend filed 06/20/2023, effective 07/01/2023
SSP 22-2017, f. 9-8-17 & cert. ef. 10-1-17
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 28-2015, f. 9-29-15, cert. ef. 10-1-15
SSP 22-2015(Temp), f. & cert. ef. 7-23-15 thru 1-18-16
SSP 17-2015, f. & cert. ef. 6-30-15
SSP 16-2014, f. & cert. ef. 7-1-14
SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 35-2011, f. 12-27-11, cert. ef. 1-1-12
SSP 23-2011(Temp), f. & cert. ef. 8-1-11 thru 1-27-12
SSP 18-2010, f. & cert. ef. 7-1-10
SSP 39-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
SSP 22-2009(Temp), f. & cert. ef. 8-28-09 thru 2-21-10
SSP 23-2008, f. & cert. ef. 10-1-08
SSP 17-2008, f. & cert. ef. 7-1-08
SSP 12-2008(Temp), f. & cert. ef. 4-17-08 thru 6-30-08
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
SSP 21-2004, f. & cert. ef. 10-1-04
SSP 17-2004, f. & cert. ef. 7-1-04
AFS 5-2000, f. 2-29-00, cert. ef. 3-1-00
AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00
AFS 9-1999, f. & cert. ef. 7-1-99
AFS 24-1997, f. 12-31-97, cert. ef. 1-1-98
AFS 9-1997, f. & cert. ef. 7-1-97
AFS 22-1995, f. 9-20-95, cert. ef. 10-1-95
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 28-1992, f. & cert. ef. 10-1-92
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 8-1992, f. & cert. ef. 4-1-92
AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-115-0040 Filing Date; REF, SNAP, TANF

Retroactively effective July 6, 2020:

(1) In the REF, SNAP, and TANF programs, a filing group is entitled to establish a "filing date" on the date a member of the group requests benefits. The "filing date" establishes:

(a) The date for starting the application processing time frames.

(b) The date from which some effective dates are determined.

(2) In the REF and TANF programs, the "filing date" is established the date a signed request for benefits is received by the Department. The request must be a Department approved application that includes the applicant’s name, address, and signature.

(3) In the SNAP program, the "filing date" is the date a signed request for benefits is received by the Department or by the Social Security Administration for filing groups applying in accordance with OAR 461-115-0150. The request may be a Department-approved form or other method that includes the applicant's name, address, and signature.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.816, 412.006 & 412.049
Statutes/Other Implemented: ORS 409.010, 409.050, 411.060, 411.070, 411.081, 411.087, 411.816, 411.825, 412.006, 412.049, 412.054 & 412.064
SSP 22-2020, amend filed 07/08/2020, effective 07/08/2020
SSP 27-2018, amend filed 09/04/2018, effective 10/01/2018
SSP 22-2017, f. 9-8-17 & cert. ef. 10-1-17
SSP 28-2015, f. 9-29-15, cert. ef. 10-1-15
SSP 22-2015(Temp), f. & cert. ef. 7-23-15 thru 1-18-16
SSP 17-2015, f. & cert. ef. 6-30-15
AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00
AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-115-0050 When an Application Must Be Filed

(1) An individual must file an application, or may amend a completed application, as a prerequisite to receiving benefits as follows:

(a) An individual may apply for the General Assistance (GA) program by completing an application for Oregon Supplemental Income Program Medical (OSIPM).

(b) An individual may apply for the Temporary Assistance for Domestic Violence Survivors (TA-DVS) program as provided in OAR 461-135-1200.

(A) Except as provided otherwise in this rule, to apply for program benefits, an individual must submit a complete application on a form approved by the Department.

(B) An application is complete if all of the following requirements are met:

(i) All information necessary to determine eligibility (see OAR 461-001-0000) and benefit amount is provided on the application for each individual in the filing group (see OAR 461-110-0310).

(ii) The applicant, even if an individual who is experiencing homelessness, provides a valid mailing address.

(iii) The application is signed by the individual, the authorized representative (see OAR 461-115-0090) of the individual, or another individual applying for benefits on behalf of the individual, and received by the Department.

(I) An individual required but unable to sign the application may sign with a mark, witnessed by another individual.

(II) An individual submitting an electronic application (see OAR 461-001-0000) must submit the application with an electronic signature.

(2) A new application is not required in the following situations:

(a) In the GA program, when an individual is receiving OSIPM on the date of request (see OAR 461-115-0030) for GA.

(b) For Medicare Savings Programs (see OAR 461-001-0000) and OSIPM:

(A) The Department determines that an applicant is not eligible in the month containing the date of request and at the same time can determine one or both of the following:

(i) Anticipated changes make the applicant eligible in a subsequent month that is within 45 days from the date of request .

(ii) The applicant is eligible in a retroactive month (see OAR 461-180-0140).

(B) An individual’s medical benefits were suspended because they became a resident of a public institution (see OAR 461-135-0950) and the Department learns the individual is no longer a resident of a public institution within the 12 calendar months following the date on which the change occurred.

(C) Unless the Department determines a new application is required, when an individual establishes a new date of request prior to the end of the month following the month of case closure in the following situations:

(i) For individuals receiving OSIPM under OAR 461-135-0750, when the individual’s services and medical benefits closed due to failure to make a liability payment required under OAR 461-160-0610.

(ii) In the Oregon Supplemental Income Program Medical-Employed Persons with Disabilities (OSIPM-EPD), when the individual’s case closed due to failure to make a participant fee required under OAR 461-160-0800.

(D) An individual not receiving medical benefits is added to an existing case on which any member of the individual’s filing group (see OAR 461-110-0410) is receiving medical program benefits.

(E) When redetermining or renewing an individual’s eligibility and the Department has sufficient evidence to determine eligibility for a new medical program.

(F) During the 90-day reconsideration period following closure due to failure to return the renewal form or respond to a request for information sent at renewal as follows:

(i) The Department must redetermine eligibility for an individual who submits the signed renewal form or provides the requested information within 90 days of the date of closure.

(ii) A new date of request is established on the date the renewal form or requested information is submitted.

(iii) In the event the individual returns the renewal form or requested information and the subsequent redetermination generates a new request for information, an application is not required regardless of whether the new due date falls outside the 90-day reconsideration period.

(iv) If the individual is found eligible for benefits based on the completed redetermination, the effective date of medical benefits is determined in accordance with OAR 461-180-0090.

(c) In the Supplemental Nutrition Assistance Program (SNAP), when a single application can be used both to determine an individual is ineligible in the month of application and to determine the individual is eligible the next month. This may be done when:

(A) Anticipated changes make the filing group (see OAR 461-110-0370) eligible the second month; or

(B) The filing group provides verification between 30 and 60 days following the filing date (see OAR 461-115-0040), under OAR 461-180-0080.

(d) In all programs except Medicare Savings Programs , OSIPM, and SNAP, when a single application can be used both to determine an individual is ineligible on the filing date (see OAR 461-115-0040) or the date of request as applicable to the term used by the program, and to determine the individual is eligible when anticipated changes make the filing group eligible within 30 days from the filing date or 45 days from the date of request (as applicable to the term used by the program).

(e) When the case is closed and reopened during the same calendar month.

(f) In all programs except Medicare Savings Programs and OSIPM, when benefits were suspended for one month because of the level of income, and the case is reopened the month following the month of suspension.

(g) In the Refugee Assistance (REF), TA-DVS, and Temporary Assistance for Needy Families (TANF) programs, when a single application can be used both to determine an individual is ineligible in the month of application and to determine the individual is eligible the next month. This may be done when:

(A) Anticipated changes make the filing group (see OAR 461-110-0330 and OAR 461-110-0430) eligible in the following month; or

(B) Amending a current application if the information is sufficient to determine eligibility; otherwise a new application is required.

(3) The following application requirements apply when adding a newborn child (see OAR 461-001-0000) to a benefit group (see OAR 461-110-0750):

(a) In the REF and TANF programs:

(A) A new application is not required if the child is listed on the application as "unborn" and there is sufficient information about the child to establish its eligibility .

(B) A new application is required if the child is not included on the application as "unborn."

(b) In the Refugee Assistance Medical (REFM) program, an application is not required to add a newborn child to a benefit group currently receiving Department medical program benefits if there is sufficient information about the child to establish its eligibility . If there is insufficient information, an application is required.

(4) The following requirements apply to adding an individual, other than a newborn child , to a benefit group :

(a) In the REF, REFM, and TANF programs, an individual may be added by amending a current application if the information is sufficient to determine eligibility ; otherwise, a new application is required.

(b) In all other programs, an application is not required.

(5) Except for an applicant for Medicare Savings Programs , OSIPM, or SNAP, an individual may change between programs administered by the Department using the current application if the following conditions are met:

(a) The individual makes an oral or written request for the change.

(b) The Department has sufficient evidence to determine eligibility and benefit level for the new program without a new application.

History

Statutory/Other Authority: 409.050, 411.060, 411.070, 411.404, 411.706, 411.816, 412.014, 412.049, 413.085, 414.025 & 414.619
Statutes/Other Implemented: 411.060, 411.070, 411.404, 411.706, 411.816, 409.010, 411.447, 411.704, 412.014, 412.049, 413.085, 414.025, 414.041, 414.231, 414.619, 414.117, CFR 435.916 & 412.072
SSP 30-2026, amend filed 07/06/2026, effective 07/06/2026
SSP 19-2026, amend filed 03/19/2026, effective 04/01/2026
SSP 6-2024, minor correction filed 02/21/2024, effective 02/21/2024
SSP 19-2023, amend filed 06/20/2023, effective 07/01/2023
SSP 5-2022, amend filed 02/02/2022, effective 02/02/2022
SSP 1-2022, temporary amend filed 01/01/2022, effective 01/01/2022 through 06/29/2022
SSP 35-2021, temporary amend filed 06/29/2021, effective 07/05/2021 through 12/31/2021
SSP 21-2020, amend filed 07/08/2020, effective 07/08/2020
SSP 23-2019, amend filed 10/21/2019, effective 10/22/2019
SSP 22-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 2-2018, minor correction filed 01/02/2018, effective 01/02/2018
SSP 22-2017, f. 9-8-17 & cert. ef. 10-1-17
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 24-2015, f. 9-29-15, cert. ef. 10-1-15
SSP 16-2015, f. & cert. ef. 4-1-15
SSP 28-2014(Temp), f. & cert. ef. 10-29-14 thru 4-26-15
SSP 15-2014, f. & cert. ef. 7-1-14
SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 28-2013(Temp), f. & cert. ef. 10-1-13 thru 1-28-14
SSP 19-2013(Temp), f. 7-31-13, cert. ef. 8-1-13 thru 1-28-14
SSP 35-2011, f. 12-27-11, cert. ef. 1-1-12
SSP 26-2011(Temp), f. 9-30-11, cert. ef. 10-1-11 thru 3-29-12
SSP 18-2010, f. & cert. ef. 7-1-10
SSP 39-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
SSP 22-2009(Temp), f. & cert. ef. 8-28-09 thru 1-28-10
SSP 17-2009(Temp), f. 7-29-09, cert. ef. 8-1-09 thru 1-28-10
SSP 13-2009, f. & cert. ef. 7-1-09
SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09
SSP 17-2008, f. & cert. ef. 7-1-08
SSP 2-2008(Temp), f. & cert. ef. 1-28-08 thru 6-30-08
SSP 10-2007, f. & cert. ef. 10-1-07
SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 4-2005, f. & cert. ef. 4-1-05
SSP 22-2004, f. & cert. ef. 10-1-04
AFS 27-2001, f. 12-21-01, cert. ef. 1-1-02
AFS 22-2001, f. & cert. ef. 10-1-01
AFS 21-2001(Temp), f. & cert. ef. 10-1-01 thru 12-31-01
AFS 19-2001, f. 8-31-01, cert. ef. 9-1-01
AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00
AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00
AFS 2-1999, f. 3-26-99, cert. ef. 4-1-99
AFS 17-1998, f. & cert. ef. 10-1-98
AFS 8-1998, f. 4-28-98, cert. ef. 5-1-98
AFS 5-1998(Temp), f. & cert. ef. 3-11-98 thru 5-31-98
AFS 4-1998, f. 2-25-98, cert. ef. 3-1-98
AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97
AFS 9-1997, f. & cert. ef. 7-1-97
AFS 36-1996, f. 10-31-96, cert. ef. 11-1-96
AFS 27-1996, f. 6-27-96, cert. ef. 7-1-96
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 3-1991(Temp), f. & cert. ef. 1-17-91
AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91
AFS 23-1990, f. 9-28-90, cert. ef. 10-1-90
AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-115-0071 Who Must Sign the Application and Complete the Application Process

(1) In the Temporary Assistance for Needy Families (TANF) program, at least one caretaker relative (see OAR 461-001-0000) must sign the application and complete the application process.

(2) In the Emergency Assistance (EA) program:

(a) A caretaker relative must sign the application and complete the application process for a child (see OAR 461-001-0000). If the child is not living with a caretaker relative , another adult may act on behalf of the child .

(b) If the caretaker relative lives with a spouse (see OAR 461-001-0000), both must sign the application.

(3) For General Assistance (GA), Medicare Savings Programs (see OAR 461-001-0000), and Oregon Supplemental Income Program Medical (OSIPM):

(a) At least one of the following individuals must sign the application and complete the application process:

(A) A member of the filing group (see OAR 461-110-0310).

(B) For individuals applying for long-term care (see OAR 461-001-0000) services, the individual’s community spouse (see OAR 461-001-0030) who lives with the individual or who was living with the individual immediately prior to the continuous period of care (see OAR 461-001-0030).

(D) If a signature cannot be obtained under paragraphs (A) through (C) of this subsection, anyone 18 years of age or older acting responsibly on behalf of a child under age 18 or an individual who is incapacitated.

(b) If the applicant dies prior to the determination of eligibility for OSIPM, the application may be processed if the Department receives the information required to determine eligibility under OAR 461-115-0190(1).

(4) In the Refugee Assistance (REF) and Refugee Assistance Medical (REFM) programs, at least one adult (see OAR 461-110-0430) member of the filing group (see OAR 461-110-0430) must sign the application.

(5) In the Supplemental Nutrition Assistance Program (SNAP), at least one of the following individuals must sign the application and complete the application process:

(a) An adult (see OAR 461-110-0370) or primary person (see OAR 461-001-0015) in the filing group (see OAR 461-110-0370).

(b) An adult or primary person excluded from the filing group under OAR 461-110-0370(8)(b).

(6) An individual required to sign the application but unable to sign may sign with a mark, witnessed by an employee of the:

(a) Branch office (see OAR 461-001-0000); or

(b) Public institution (see OAR 461-135-0950), when the individual applying is a resident of a public institution (see OAR 461-135-0950) and is applying for benefits under the OSIPM program.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.404, 411.816 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.070, 411.404, 411.816, 412.049, 411.081, 411.087, 411.400 & 42 CFR 435.907
SSP 19-2026, amend filed 03/19/2026, effective 04/01/2026
SSP 19-2023, amend filed 06/20/2023, effective 07/01/2023
SSP 33-2021, amend filed 06/22/2021, effective 07/01/2021
SSP 33-2020, amend filed 09/21/2020, effective 10/01/2020
SSP 12-2020, temporary amend filed 05/15/2020, effective 05/15/2020 through 11/09/2020
SSP 23-2019, amend filed 10/21/2019, effective 10/22/2019
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 24-2015, f. 9-29-15, cert. ef. 10-1-15
SSP 4-2015, f. & cert. ef. 1-1-15
SSP 19-2014(Temp), f. & cert. ef. 7-16-14 thru 1-12-15
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 25-2011, f. 9-30-11, cert. ef. 10-1-11
SSP 41-2010, f. 12-30-10, cert. ef. 1-1-11
SSP 23-2010(Temp), f. & cert. ef. 7-15-10 thru 1-11-11
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06
SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05
SSP 4-2005, f. & cert. ef. 4-1-05

Or. Admin. R. 461-115-0090 Authorized Representatives; General

(1) “Authorized representative” means an individual aged 18 years or older or an organization permitted by this rule to act on behalf of an applicant or beneficiary in assisting the applicant or beneficiary with their application, renewal of eligibility, and other on-going communications with the Department.

(2) “Department” in this rule refers to the Department of Human Services and the Oregon Health Authority.

(3) “Eligibility determination group” in this rule refers to all individuals whose financial and non-financial information are considered in determining program eligibility.

(4) In the Temporary Assistance for Domestic Violence Survivors (TA-DVS) program, an authorized representative (see section (1) of this rule) may not be established.

(5) An authorized representative designated for one program is the authorized representative for all programs and benefits of the head of household (see OAR 461-001-0015), primary person (see OAR 461-001-0000), or primary contact (see OAR 410-200-0015), excluding the TA-DVS program and not when the exception in subsection (6)(c) of this rule applies.

(6) Unless limited elsewhere in this rule, an authorized representative may do any of the following:

(a) With the exception of the authorized representative designation form and subject to the exception in subsection (c) of this section: complete, sign, and submit any applications, renewals, or documents on behalf of the applicant or beneficiary.

(b) Receive copies of notices and other communications from the Department for the applicant or beneficiary.

(c) Act on behalf of the applicant or recipient by reporting information and submitting requests to the Department, except an individual’s long-term care (see OAR 461-001-0000) services provider may not serve as the designated representative (see OAR 411-004-0010) or representative (see OAR 411-028-0010 and OAR 411-030-0020) of the individual for long-term care services.

(7) The following individuals may appoint an authorized representative on a form designated by the Department subject to the limitations listed in sections (4), (5), and (8) – (12) of this rule, unless the individual is included in the eligibility determination group (see section 3 of this rule) solely for the purpose of determining eligibility based on tax filing status:

(a) The head of household , primary person , or primary contact of any age.

(b) Any individual age 18 and older who is included in each eligibility determination group of the head of household , primary person , or primary contact .

(c) An individual given legal guardianship or power of attorney for an individual age 18 and older who is included in each eligibility determination group of the head of household , primary person , or primary contact .

(8) The Department may accept a designation of an authorized representative via any of the following methods, which must include either a handwritten or electronic signature of both the individual designating the authorized representative and the authorized representative :

(a) The Internet.

(b) E-mail.

(d) Telephonic recording.

(e) In person.

(f) Other electronic means.

(9) The following may not serve as an authorized representative :

(a) An individual serving an Intentional Program Violation (see OAR 461-195-0601), unless the Department determines no one else is available to serve as the authorized representative .

(b) Homeless meal providers (see 7 CFR 271.2) for homeless Supplemental Nutrition Assistance Program (SNAP) recipients.

(d) A person who may have a conflict of interest.

(e) Department employees or an employee of a contractor involved in the certification or issuance processes for Department program benefits, unless a designated Department official determined no one else is available to serve as an authorized representative and has given approval.

(f) Retailers who are authorized to accept Department Electronic Benefit Transfer (EBT) cards, unless a designated Department official determined no one else is available to serve as an authorized representative and has given approval.

(10) An individual who resides in a drug or alcohol residential treatment facility identified in OAR 461-135-0510 may apply for SNAP program benefits only through an authorized representative . The authorized representative must be a designated employee of the treatment center. The employee must complete the authorized representative form designated by the Department and follow the responsibilities in OAR 461-115-0145.

(11) An individual with a disability (see OAR 461-001-0015) who participates in the SNAP program while residing in a group living (see OAR 461-001-0015) arrangement (GLA) may apply through an authorized representative or on their own behalf. The GLA must determine if a resident may apply on their own behalf based on the physical and mental ability of the resident to handle their own affairs. If the authorized representative is a designated employee of the GLA, the employee must complete the authorized representative form designated by the Department and follow the responsibilities in OAR 461-115-0145.

(12) While the individual is residing in a correctional facility or during a temporary period of hospitalization that occurs outside of the correctional facility, a designee of a correctional facility may apply for the Medicare Savings Programs (see OAR 461-001-0000) and Oregon Supplemental Income Program Medical (OSIPM) on behalf of an individual for the purpose of establishing eligibility for medical assistance.

(a) The designee may obtain information necessary to determine eligibility for medical assistance, including the person’s Social Security number or information that is not otherwise subject to disclosure under ORS 411.320 or ORS 413.175.

(b) The information obtained under subsection (a) of this section may be used only for the purpose of assisting the person in applying for medical assistance and may not be re-disclosed without the authorization of the individual.

(13) The authorized representative must maintain the confidentiality of any information provided by the Department regarding the represented individual.

(14) An individual or organization ceases to be an authorized representative when:

(a) A represented individual notifies the Department that the designation is terminated;

(b) A represented individual appoints a different authorized representative ;

(d) The Department determines the authorized representative is no longer permitted to be the authorized representative ; or

(e) There is a change in the legal authority upon which the individual or organization’s authority was based.

(15) An authorized representative may be subject to an overpayment (see OAR 461-195-0501 and OAR 461-195-0541) in addition to other penalties. These other penalties include:

(a) In GLA or drug or alcohol residential treatment facilities, the facility may be prosecuted under applicable federal or state law.

(b) For an authorized representative not covered by subsection (a) of this section, the Department may prohibit the person from serving as an authorized representative for one year.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.404, 411.816, 412.014, 412.049, 413.085, 414.685 & 329A.500
Statutes/Other Implemented: ORS 409.010, 411.060, 411.404, 411.447, 411.816, 412.014, 412.049, 329A.500, 7 CFR 273.2, 42 CFR 435.907, 42 CFR 435.923 & 412.072
SSP 9-2026, minor correction filed 02/17/2026, effective 02/17/2026
SSP 5-2024, minor correction filed 02/21/2024, effective 02/21/2024
SSP 33-2020, amend filed 09/21/2020, effective 10/01/2020
SSP 12-2020, temporary amend filed 05/15/2020, effective 05/15/2020 through 11/09/2020
SSP 15-2019, amend filed 06/11/2019, effective 07/01/2019
SSP 5-2019, temporary amend filed 02/27/2019, effective 03/01/2019 through 06/30/2019
SSP 34-2017, amend filed 12/18/2017, effective 01/01/2018
SSP 23-2017, f. 9-11-17, cert. ef. 10-1-17
SSP 17-2017(Temp), f. 6-28-17, cert. ef. 7-1-17 thru 12-27-17
SSP 25-2012, f. 6-29-12, cert. ef. 7-1-12
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07
AFS 9-2001, f. & cert. ef. 6-1-01
AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00
AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97
AFS 23-1995, f. 9-20-95, cert. ef. 10-1-95
AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-115-0145 Responsibilities of a Center, Facility, or Group Living Arrangement Acting as Authorized Representative; SNAP

(1) In the Supplemental Nutrition Assistance Program (SNAP) it is the responsibility of the center, facility, or group living arrangement (see OAR 461-001-0015) acting as an authorized representative under OAR 461-135-0510 and OAR 461-115-0090 to:

(a) Use SNAP benefits for food prepared and served to those residents participating in SNAP.

(b) Be knowledgeable about the resident’s circumstances and carefully review those circumstances prior to:

(A) Applying on the resident’s behalf, or

(B) Assuming responsibility as authorized representative on an existing case.

(d) Use no more than half of the resident’s monthly SNAP allotment prior to the 16th day of the month.

(e) Use only benefits posted to the card after the time the resident was admitted to the center, facility or group living arrangement .

(f) Report monthly to the Department a list of currently participating residents that includes a statement signed by a responsible official attesting to the validity of the list.

(g) When a resident leaves the center, facility or group living arrangement :

(A) Discontinue acting as the resident’s authorized representative, including participating in the certification process, immediately.

(B) Notify the Department of the resident’s departure.

(C) When possible, provide the resident with a change report to update mailing address and other circumstances and advise the resident to return the form to the Department within 10 days.

(D) Return the resident's EBT card to the resident or return the resident's EBT card to the Department by the end of the month of the resident's departure.

(E) Return the facility EBT card to the Department.

(F) Discontinue using and accessing benefits immediately.

(G) Return half of the resident’s monthly SNAP allotment if the resident departs before the 16th day of the month and less than half of their monthly allotment is remaining. If necessary, benefits are refunded with the assistance of the Department.

(2) A center, facility, or group living arrangement acting as the authorized representative for a resident is responsible for any misrepresentation or intentional program violation which it knowingly commits. The center, facility, or group living arrangement shall be strictly liable for all losses or misuse of SNAP benefits held on behalf of the resident and for all overpayments that occur in accordance with OAR 461-195-0541.

(3) A center or facility authorized by the Food and Nutrition Service as a retail food store may be penalized or disqualified if it is determined the facility misappropriated or used benefits for a purchase that does not contribute to a meal of a certified filing group (see OAR 461-110-0370).

History

Statutory/Other Authority: ORS 411.816
Statutes/Other Implemented: ORS 411.816, 7 CFR 273.1, 7 CFR 273.2, 7 CFR 273.11 & 7 CFR 273.13
SSP 3-2025, amend filed 03/25/2025, effective 04/01/2025
SSP 25-2019, amend filed 12/24/2019, effective 01/01/2020
SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07
AFS 9-2001, f. & cert. ef. 6-1-01
AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00
AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97
AFS 23-1995, f. 9-20-95, cert. ef. 10-1-95
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-115-0150 Offices Where Clients Apply

(1) For all programs, applicants must apply at the branch office (see OAR 461-001-0000) serving the area in which they live or work. Applicants temporarily in another area of the state should apply at the branch office serving that area. Applicants may also apply at other locations for the following programs:

(a) Homeless clients may apply with a Community Action Agency for the Housing Stabilization program.

(b) Applicants may apply for health coverage by:

(A) Calling the OHP Customer Service toll-free number;

(B) Applying through the OregonHealthCare.gov online portal;

(D) Contacting a federally qualified health center, a qualified hospital, a disproportionate-share hospital, or another entity authorized by rule.

(2) The Department has designated liaison branch offices for some groups of applicants (such as patients in state medical institutions). Those applicants must apply at the designated liaison branch office .

(3) SNAP applicants may apply at an office of the Social Security Administration if all members of the filing group(see OAR 461-110-0370) are applying for or are receiving SSI, and the filing grouphas not applied for or received SNAP benefits during the previous 30 days.

History

Statutory/Other Authority: ORS 329A.500, 409.050, 411.060, 411.070, 411.116, 411.121, 411.404, 411.816, 412.014 & 412.049
Statutes/Other Implemented: ORS 329A.500, 409.010, 411.060, 411.070, 411.116, 411.121, 411.404, 411.816, 412.014 & 412.049
SSP 27-2018, amend filed 09/04/2018, effective 10/01/2018
SSP 21-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 5-2018, temporary amend filed 01/25/2018, effective 02/01/2018 through 06/30/2018
SSP 40-2016, f. & cert. ef. 11-1-16
SSP 24-2015, f. 9-29-15, cert. ef. 10-1-15
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00
AFS 22-1995, f. 9-20-95, cert. ef. 10-1-95
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 8-1992, f. & cert. ef. 4-1-92
AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-115-0190 Application Processing Time Frames; Not Pre-TANF or SNAP

(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.

(2) In the EA program, the Department determines eligibility within one working day of the date of application or as soon thereafter as verification of emergent need is completed. Verification of all other factors may be waived if it would delay the client's receipt of assistance.

(3) For support service payments in the JOBS program (authorized by OAR 461-190-0211) and in the SFPSS program, the Department determines eligibility as follows:

(a) If the participant is receiving an SFPSS or TANF grant, the eligibility for support services payments must be determined in time to meet the need and not later than the 30th day following the request for support services.

(b) If the participant is not covered by subsection (a) of this section, in time to meet the need for which the request is made.

(4) In REF and TANF programs, the Department determines eligibility and sends a decision notice (see OAR 461-001-0000) not later than the 30th day after the filing date (see OAR 461-115-0040).

(5) In the TANF program, 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 30-day deadline, and before the 45th day, and the participant has no control over the information.

(b) Other circumstances beyond the control of the participant prevent the Department from making the decision within the 30-day period, but not more than a 45-day period.

(6) In the TA-DVS program:

(a) The Department assesses the safety concerns of the participant and offering options to the participant for addressing immediate safety needs within eight working hours of receiving the application.

(b) The Department makes an eligibility determination within 16 working hours after receiving a completed application as defined in OAR 461-115-0020.

History

Statutory/Other Authority: ORS 329A.500, 409.050, 411.060, 411, 070, 411.404, 412.014, 412.049, 413.085 & 414.685
Statutes/Other Implemented: ORS 329A.500, 409.010, 411.060, 411.070, 411.404, 412.014, 412.049 & 412.072
SSP 4-2024, minor correction filed 02/21/2024, effective 02/21/2024
SSP 34-2017, amend filed 12/18/2017, effective 01/01/2018
SSP 22-2017, f. 9-8-17 & cert. ef. 10-1-17
SSP 10-2017, f. 3-24-17, cert. ef. 4-1-17
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08
SSP 10-2007, f. & cert. ef. 10-1-07
SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07
SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05
SSP 22-2004, f. & cert. ef. 10-1-04
AFS 22-2001, f. & cert. ef. 10-1-01
AFS 34-2000, f. 12-22-00, cert. ef. 1-1-01
AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00
AFS 9-1999, f. & cert. ef. 7-1-99
AFS 8-1998, f. 4-28-98, cert. ef. 5-1-98
AFS 9-1997, f. & cert. ef. 7-1-97
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 8-1992, f. & cert. ef. 4-1-92
AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 3-1991(Temp), f. & cert. ef. 1-17-91
AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-115-0210 Application Processing Time Frames; SNAP

(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

(4) The filing date remains effective for 60 days in both of the following situations:

(a) If the Department is not able to complete the application process within 30 days (for example, unable to schedule an interview by the 20th day following the filing date).

(b) If the applicant contacts the Department before the 30th day following the filing date and informs the Department that verification cannot be provided by the 30th day due to reasons beyond his or her control.

(5) If, for a reason within his or her control, the client fails to attend an interview by the 20th day following the filing date, and the interview occurs between the 20th and 30th days following the filing date, all verification must be provided not later than the 30th day following the filing date. If required verification is received after the 30th day, a new filing date is established as of the date the verification is received.

(6) An applicant does not lose eligibility for expedited services (see OAR 461-135-0575) due to missing the interview.

History

Statutory/Other Authority: ORS 411.816
Statutes/Other Implemented: ORS 411.816 & 7 CFR 273.2
SSP 25-2019, amend filed 12/24/2019, effective 01/01/2020
SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06
AFS 12-2001, f. 6-29-01, cert. ef. 7-1-01
AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00
AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97
AFS 36-1996, f. 10-31-96, cert. ef. 11-1-96
AFS 32-1996(Temp), f. & cert. ef. 9-23-96
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 13-1994, f. & cert. ef. 7-1-94
AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-115-0230 Temporary rule language in effect until 11/27/2026. Interviews

(1) In the Refugee Assistance (REF), Refugee Assistance Medical (REFM), and Temporary Assistance for Needy Families (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.

(2) For the purposes of this rule, "hardship" includes, but is not limited to:

(a) Care of a household member;

(b) An individual's age, disability (see OAR 461-001-0000), or illness;

(c) A commute of more than two hours from the individual's residence to the nearest branch office (see OAR 461-001-0000);

(d) A conflict between the individual's work or training schedule and the business hours of the branch office ; and

(e) Transportation difficulties due to prolonged severe weather or financial hardship.

(3) In the Supplemental Nutrition Assistance Program (SNAP):

(a) An interview must be scheduled so that the filing group (see OAR 461-110-0370) has at least 10 days to provide any needed verification before the deadline under OAR 461-115-0210.

(b) A face-to-face interview must be granted at the applicant's request.

(c) When an applicant misses the first scheduled interview appointment, the Department must inform the applicant by notice of the missed interview.

(d) An applicant who fails to attend a scheduled interview must contact the Department no later than 30 days following the filing date (OAR 461-115-0040) to be eligible for benefits.

(e) An adult (see OAR 461-001-0015) or primary person (see OAR 461-001-0015) in the filing group , an adult or primary person excluded from the filing group under OAR 461-110-0370(8)(b), or the authorized representative (see OAR 461-001-0000, 461-115-0090, and 461-135-0510) of the filing group is interviewed:

(A) Once every 12 months; or

(B) Once every 24 months if the filing group qualifies for and has a 24-month certification period (see OAR 461-001-0000) under OAR 461-115-0450.

(4) In the Oregon Supplemental Income Program Medical (OSIPM) program, the Department must complete an interview at the following times:

(a) At initial application or evaluation for OSIPM, not including individuals who are assumed eligible (see OAR 461-135-0010). The interview can be completed with any individual authorized to sign the application under OAR 461-115-0071(3).

(b) At renewal, not including individuals who are assumed eligible. The interview requirement shall be waived at renewal if the individual is unable to complete the interview due to incapacity and an authorized representative has not been designated.

(c) When any single individual in a nonstandard living arrangement (see OAR 461-001-0000) becomes legally married (see OAR 461-001-0000), including individuals who are assumed eligible.

(5) In the Qualified Disabled and Working Individual (QDWI) program, an interview is required at initial application and renewal.

(6) In the Temporary Assistance for Domestic Violence Survivors (TA-DVS) program, the Department will conduct a required face-to-face interview with the survivor, unless there is a safety concern related to the domestic violence (see OAR 461-001-0000) situation or there is a hardship . An interview due to safety concern or hardship may be completed via phone, home visit, or offsite appointment.

(7) Individuals applying for long-term services and supports, including individuals receiving Health Systems Division (HSD) medical programs (see OAR 461-001-0000) and individuals who are assumed eligible, are required to complete an interview at initial application. The services subject to this rule section include:

(a) Nursing facility services (see division 070 of OAR chapter 411).

(b) Home and community-based care (see OAR 461-001-0030(4)), including 1915(k) Community First Choice services (see OAR 411-004-0010(6)(a)(C)).

History

Statutory/Other Authority: ORS 411.060, 411.404, 411.706, 411.816, 412.049, 414.826, 414.839 & ORS 409.050
Statutes/Other Implemented: ORS 411.060, 411.404, 411.706, 411.816, 412.049, 414.826, 414.839, ORS 409.050, ORS 409.010, 411.070, 414.025, 414.231, 412.072, 42 CFR 435.909, 7 CFR 273.2 & 45 CFR 400
SSP 27-2026, temporary amend filed 05/27/2026, effective 06/01/2026 through 11/27/2026
SSP 10-2026, minor correction filed 02/17/2026, effective 02/17/2026
SSP 21-2025, amend filed 09/29/2025, effective 10/01/2025
SSP 12-2025, amend filed 06/26/2025, effective 07/01/2025
SSP 3-2025, amend filed 03/25/2025, effective 04/01/2025
SSP 59-2024, temporary amend filed 12/04/2024, effective 12/05/2024 through 06/02/2025
SSP 55-2024, amend filed 09/30/2024, effective 10/01/2024
SSP 3-2024, minor correction filed 02/21/2024, effective 02/21/2024
SSP 37-2023, minor correction filed 07/18/2023, effective 07/18/2023
SSP 19-2023, amend filed 06/20/2023, effective 07/01/2023
SSP 59-2022, amend filed 12/27/2022, effective 01/01/2023
SSP 48-2022, amend filed 09/27/2022, effective 10/01/2022
SSP 43-2022, temporary amend filed 08/18/2022, effective 08/18/2022 through 02/13/2023
SSP 5-2022, amend filed 02/02/2022, effective 02/02/2022
SSP 77-2021, temporary amend filed 12/20/2021, effective 01/01/2022 through 06/29/2022
SSP 23-2019, amend filed 10/21/2019, effective 10/22/2019
SSP 8-2019, amend filed 03/13/2019, effective 04/01/2019
SSP 33-2017, amend filed 12/08/2017, effective 01/01/2018
SSP 10-2017, f. 3-24-17, cert. ef. 4-1-17
SSP 25-2015, f. 9-29-15, cert. ef. 10-1-15
SSP 15-2014, f. & cert. ef. 7-1-14
SSP 25-2012, f. 6-29-12, cert. ef. 7-1-12
SSP 7-2012(Temp), f. & cert. ef. 2-29-12 thru 8-27-12
SSP 35-2011, f. 12-27-11, cert. ef. 1-1-12
SSP 22-2011(Temp), f. & cert. ef. 7-22-11 thru 1-18-12
SSP 18-2010, f. & cert. ef. 7-1-10
SSP 7-2010(Temp), f. & cert. ef. 4-1-10 thru 6-30-10
SSP 5-2010, f. & cert. ef. 4-1-10
SSP 39-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10
AFS 5-2002, f. & cert. ef. 4-1-02
AFS 22-2001, f. & cert. ef. 10-1-01
AFS 9-2001, f. & cert. ef. 6-1-01
AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-115-0430 Periodic Redeterminations or Renewal; Not EA, SNAP, or TA-DVS

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 General Assistance (GA) program, the Department redetermines eligibility at least once every 12 months.

(2) For Medicare Savings Programs (see OAR 461-001-0000) and Oregon Supplemental Income Program Medical (OSIPM), the Department shall review eligibility at renewal, when changes are reported, and whenever an individual's eligibility becomes questionable.

(a) The Department must complete a renewal at the following intervals:

(A) For cases on which at least one individual is receiving OSIPM under OAR 461-135-0745 or 461-135-0750, at least every 12 months.

(B) For cases with all individuals only receiving benefits with continuous eligibility (see OAR 461-135-0010), the renewal date is one of the following:

(i) For cases with only one individual receiving benefits, the end of the continuous eligibility period.

(ii) When there are multiple individuals receiving medical benefits with continuous eligibility on the same case, the end of the earliest continuous eligibility end date.

(b) When renewing or redetermining benefits, the Department shall, to the extent feasible, determine eligibility using information found in the individual's electronic account and electronic data accessible to the Department.

(c) At renewal, if the Department is unable to process an automated renewal or if the information available to the Department would result in either a reduction or termination in benefits, the Department shall provide a pre-populated renewal form, referred to as an active renewal, to the individual containing information known to the Department; a statement of any additional information needed to renew eligibility; and the date by which the beneficiary must provide the required information in accordance with subsection (e) of this section.

(d) The Department shall assist individuals seeking assistance to complete the pre-populated renewal form or gather information necessary to renew eligibility.

(e) If the Department provides the individual with a pre-populated renewal form to complete the renewal process, the individual must do all of the following:

(A) Complete and sign the form in accordance with subsection (g) of this section;

(B) Submit the form via the internet, by telephone, via mail, in person, or through other commonly available electronic means; and

(f) At renewal, if additional information or verification is required, the Department shall provide the individual at least 30 days from the date the renewal form was mailed to respond and provide necessary information.

(g) Renewal signature requirements are as follows:

(A) Renewal signatures accepted by the Department may be:

(i) Handwritten;

(ii) Electronic; or

(iii) Telephonic.

(B) A renewal form must be signed by one of the following:

(i) A member of the filing group (see OAR 461-110-0310);

(ii) For individuals receiving long-term care (see OAR 461-001-0000) services, the individual’s community spouse (see OAR 461-001-0030) who lives with the individual or who was living with the individual immediately prior to the continuous period of care (see OAR 461-001-0030); or

(iii) The authorized representative (see OAR 461-115-0090).

(h) If the individual was receiving an Oregon Health Plan (OHP) level benefit and does not return the signed pre-populated renewal form or provide requested information by the due date, but the Department has sufficient information to determine that the individual is eligible for Medicare Savings Program benefits, the individual’s OHP benefits will be closed but the individual will be approved for Medicare Savings Program benefits.

(3) The Refugee Assistance (REF) and Refugee Assistance Medical (REFM) programs are time-limited programs; therefore, no periodic redeterminations are made.

(4) In the State Family Pre-SSI/SSDI (SFPSS) program, the Department redetermines eligibility at least once every 12 months. The Department redetermines program eligibility by redetermining eligibility for the Temporary Assistance for Needy Families (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.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.404, 411.704, 411.706, 412.014, 412.049, 413.085, 414.619, 414.826, 414.117 & 409.050
Statutes/Other Implemented: ORS 411.060, 411.070, 411.404, 411.704, 411.706, 412.014, 412.049, 413.085, 414.619, 414.826, 414.117, 409.010 & 42 CFR 435.916
SSP 30-2026, amend filed 07/06/2026, effective 07/06/2026
SSP 47-2023, amend filed 09/25/2023, effective 10/01/2023
SSP 19-2023, amend filed 06/20/2023, effective 07/01/2023
SSP 5-2022, amend filed 02/02/2022, effective 02/02/2022
SSP 1-2022, temporary amend filed 01/01/2022, effective 01/01/2022 through 06/29/2022
SSP 35-2021, temporary amend filed 06/29/2021, effective 07/05/2021 through 12/31/2021
SSP 15-2019, amend filed 06/11/2019, effective 07/01/2019
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 24-2015, f. 9-29-15, cert. ef. 10-1-15
SSP 16-2014, f. & cert. ef. 7-1-14
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 13-2013, f. & cert. ef. 7-1-13
SSP 37-2012, f. 12-28-12, cert. ef. 1-1-13
SSP 18-2010, f. & cert. ef. 7-1-10
SSP 7-2010(Temp), f. & cert. ef. 4-1-10 thru 6-30-10
SSP 5-2010, f. & cert. ef. 4-1-10
SSP 39-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08
SSP 17-2004, f. & cert. ef. 7-1-04
AFS 13-2002, f. & cert. ef. 10-1-02
AFS 5-2002, f. & cert. ef. 4-1-02
AFS 22-2001, f. & cert. ef. 10-1-01
AFS 11-1999, f. & cert. ef. 10-1-99
AFS 9-1999, f. & cert. ef. 7-1-99
AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97
AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97
AFS 26-1996, f. 6-27-96, cert. ef. 7-1-96
AFS 23-1995, f. 9-20-95, cert. ef. 10-1-95
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 8-1992, f. & cert. ef. 4-1-92
AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90
AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-115-0450 Periodic Redeterminations; SNAP

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.

(3) A certification period of less than 12 months may be extended before the certification period ends, not to exceed 12 months, in each of the following situations:

(a) A one- or two-month certification period for expedited services when pending information is received, and eligibility and benefit level is determined based on the new information.

(b) An application or a change report form is received and eligibility is reviewed.

(4) A certification period of 24 months may be assigned for a filing group (see OAR 461-110-0370) that meets the following criteria:

(a) All adult (see OAR 461-001-0015) members are elderly or have a disability (see OAR 461-001-0015);

(b) The case is placed in SRS; and

(5) Any filing group with a 24-month certification period that no longer meets the requirements of subsection (4)(a) will have their certification period closed and the department will send the filing group a timely decision notice (See OAR 461-001-0000). The filing group may reapply for benefits.

(6) For each benefit group (see OAR 461-110-0750) in which all members are included in a cash or medical program, eligibility for SNAP and the other program benefits is determined at the same time when practicable.

(7) An individual remains eligible for and continues to receive SNAP benefits on the normal issuance cycle if the application for recertification is filed with the Department and all required verification has been received by the Department:

(a) Not later than the 15th day of the month in which the certification expires; or

(b) In the case of a benefit group whose certification period is shorter than two months, not later than the 15th day after the Department provides notice that the certification period will expire.

(8) An individual who files an application for recertification is eligible for a SNAP allotment without proration only if the filing date (see OAR 461-115-0040) is before the prior certification period expires and:

(a) The required interview is completed, and the Department receives the required verification, within 30 days after the individual files the application for recertification; or

(b) The interview or verification required by this rule would have occurred timely but for a delay caused by the Department.

(9) The Department must deny the application for recertification in the event an individual files a timely application for recertification but either fails to appear for a scheduled interview or fails to timely submit required verification.

(10) If an individual fails to file an application for recertification during a certification period , but files an application within 30 days after the end of their certification period , the application is considered an application for recertification and the following provisions apply:

(a) SNAP benefits for the first month of the new certification period are prorated in accordance with OAR 461-180-0080.

(b) When an application for recertification is delayed beyond the first of the month of what would have been the new certification period due to the fault of the Department, causing prorated benefits, benefits lost to proration shall be restored in accordance with benefit restoration OARs division 461-165.

(11) Except as required in section (5) of this rule, once assigned, the certification period may not be shortened.

History

Statutory/Other Authority: ORS 409.050 & 411.816
Statutes/Other Implemented: ORS 409.010, 411.816, 411.825 & 7 CFR 273.14(e)(3)
SSP 44-2024, amend filed 06/27/2024, effective 07/01/2024
SSP 53-2023, amend filed 12/21/2023, effective 01/01/2024
SSP 7-2019, amend filed 03/11/2019, effective 04/01/2019
SSP 25-2011, f. 9-30-11, cert. ef. 10-1-11
SSP 10-2007, f. & cert. ef. 10-1-07
SSP 13-2003, f. 6-12-03, cert. ef. 6-16-03
AFS 9-2001, f. & cert. ef. 6-1-01
AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00
AFS 25-1998, f. 12-28-98, cert. ef. 1-1-99
AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94
AFS 19-1994, f. & cert. ef. 9-1-94
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-115-0610 Verification; General

(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) For General Assistance (GA), Medicare Savings Programs (see OAR 461001-0000), and Oregon Supplemental Income Program Medical (OSIPM), see OAR 461-115-0700 and 461-115-0704.

(b) For the Supplemental Nutrition Assistance Program (SNAP), see OAR 461-115-0651 and 461-115-0690.

(3) The three methods of receiving verification are:

(a) Self-attestation. Information provided orally or in writing by or on behalf of an individual.

(b) Electronic. Information available and provided to the Department from an electronic source, including but not limited to:

(A) The State Wage Information Collection Agency.

(B) The Internal Revenue Service.

(D) The 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.

(c) Documentary. Evidence which is provided by or on behalf of an individual, or obtained by the Department from a third party.

(A) Documentary evidence can be received in many ways, including:

(i) A paper or electronic copy of a document.

(ii) An oral or written collateral statement from someone outside the filing group.

(iii) Viewing a document during a home visit.

(B) In the Refugee Assistance (REF) and Refugee Assistance Medical (REFM) programs, the immigration status of an individual must be verified using documentary evidence from a federal agency that holds authority to grant legal immigration status.

(4) Verification of the occurrence of an act of domestic violence (see OAR 461-001-0000) is not required for any program.

History

Statutory/Other Authority: 411.060, 411.816, 414.042, 418.100, ORS 409.050, 411.402, 411.404, 412.014, 412.049, 413.085 & 414.685
Statutes/Other Implemented: 411.060, 411.117, 411.087, 411.816, ORS 409.010, 411.402, 412.014 & 412.049
SSP 19-2026, amend filed 03/19/2026, effective 04/01/2026
SSP 11-2018, amend filed 03/09/2018, effective 04/01/2018
SSP 10-2017, f. 3-24-17, cert. ef. 4-1-17
SSP 8-2008, f. & cert. ef. 4-1-08
AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00
AFS 9-1997, f. & cert. ef. 7-1-97
AFS 6-1994, f. & cert. ef. 4-1-94
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-115-0651 Required Verification and When to Verify; SNAP

(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 Supplemental Nutrition Assistance Program (SNAP) benefits:

(a) The identity of the applicant and any authorized representative or alternate payee.

(b) Noncitizen status.

(d) Countable (see OAR 461-001-0000) 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 individual with able bodied adult withough dependents (ABAWD) status who resides in a SNAP time limit area (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.

(3) All of the following information must be verified when an individual reapplies for SNAP benefits:

(a) Countable income, when;

(A) A new source of income is reported, including income from a new member of the filing group (see OAR 461-110-0370);

(B) The countable monthly income from an existing source changed by more than $50; or

(C) The countable monthly income used in the budget was previously 130 percent or less of the federal poverty level (FPL) (see OAR 461-155-0180) and the new countable monthly income is over 130 percent of the FPL.

(b) Medical expenses, if used as a deduction, and one of the following are true:

(A) The total amount of recurring medical expenses has changed by $25 or more;

(B) The medical expense is new; or

(c) Effective January 19, 2023, any changes to 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.

(d) Any information that is incomplete, inaccurate, inconsistent, or outdated, including unresolved issues that impact eligibility or the benefit amount.

(e) Any unclear information (see OAR 461-001-0015) discovered during the prior certification period (see OAR 461-001-0000) and not yet resolved.

(f) Work hours for an individual with ABAWD status who resides in a SNAP time limit area (see OAR 461-135-0520).

(4) For cases using the Change Reporting System (CRS), each of the following changes reported during the certification period (see OAR 461-001-0000) must be verified:

(a) A change in an existing countable income source, including income of a new filing group member.

(b) The amount of countable monthly income has changed by more than $50.

(A) The total amount of recurring medical expenses has changed by $25 or more;

(B) The medical expense is new; or

(d) Effective January 19, 2023, any changes to 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.

(e) Any information that is incomplete, inaccurate, inconsistent, or outdated, including unresolved issues that impact eligibility or the benefit amount.

(5) For cases using the Simplified Reporting System (SRS), each of the following changes reported during the certification period must be verified in accordance with OAR 461-170-0103:

(a) Noncitizen status and SSN or application for an SSN when a new member joins the benefit group (see OAR 461-110-0750).

(b) Countable income, if the countable monthly income used in the budget was previously 130 percent or less of the FPL (see OAR 461-155-0180) and new countable monthly income is over 130 percent of the FPL.

(A) The total amount of medical expenses has changed by $25 or more;

(B) The medical expense is new; or

(d) 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.

(6) A claimed expense or cost may be used to determine the SNAP benefit only when the individual provides the required or requested verification.

(7) When the periodic report (see OAR 461-170-0102) is processed, the following must be verified:

(a) Any unclear information discovered during the certification period .

(b) Countable income, when:

(A) The source of income has changed, including income from a new filing group member;

(B) The countable monthly income has changed by $125 or more for the income type; or

(C) The countable monthly income used in the budget was previously 130 percent or less of the FPL (see OAR 461-155-0180) and the new countable monthly income is over 130 percent of the FPL.

(d) Medical expenses, if used as a deduction, and one of the following are true:

(A) The total amount of medical expenses has changed by $25 or more;

(B) The medical expense is new; or

(e) 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.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070 & 411.816
Statutes/Other Implemented: ORS 409.050, 411.060, 411.070, 411.081, 411.087, 411.816, 411.825, 411.837, 7 CFR 273.2 & 7 CFR 273.12
SSP 3-2025, amend filed 03/25/2025, effective 04/01/2025
SSP 57-2024, temporary amend filed 10/29/2024, effective 11/01/2024 through 04/29/2025
SSP 54-2024, amend filed 09/27/2024, effective 10/01/2024
SSP 47-2023, amend filed 09/25/2023, effective 10/01/2023
SSP 10-2023, temporary amend filed 02/15/2023, effective 02/15/2023 through 08/13/2023
SSP 17-2022, minor correction filed 02/16/2022, effective 02/16/2022
SSP 22-2017, f. 9-8-17 & cert. ef. 10-1-17
SSP 18-2017(Temp), f. 7-20-17, cert. ef. 8-1-17 thru 1-27-18
SSP 37-2015, f. 12-23-15, cert. ef. 1-1-16
SSP 5-2010, f. & cert. ef. 4-1-10
SSP 17-2008, f. & cert. ef. 7-1-08
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 12-2006(Temp), f. & cert. ef. 9-1-06 thru 12-31-06
SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06
SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05
SSP 20-2004(Temp), f. & cert. ef. 9-7-04 thru 12-31-04
SSP 17-2004, f. & cert. ef. 7-1-04
SSP 7-2003, f. & cert. ef. 4-1-03
AFS 22-2001, f. & cert. ef. 10-1-01
AFS 12-2001, f. 6-29-01, cert. ef. 7-1-01

Or. Admin. R. 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 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.

(3) A filing group that does not provide all necessary postponed verification becomes ineligible as follows:

(a) A filing group applying on or before the 15th of the month becomes ineligible the last day of the month of application.

(b) A filing group applying after the 15th of the month becomes ineligible the last day of the month following the month of application.

(4) When SNAP benefits under expedited services close or change due to postponed verification, notice is provided in accordance with OAR 461-175-0300.

History

Statutory/Other Authority: ORS 411.816
Statutes/Other Implemented: ORS 411.816
SSP 35-2011, f. 12-27-11, cert. ef. 1-1-12
SSP 22-2011(Temp), f. & cert. ef. 7-22-11 thru 1-18-12
SSP 5-2010, f. & cert. ef. 4-1-10
AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00
AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 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 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.

(D) State Unemployment Compensation Agency.

(E) State agencies administering programs under Title 1, 10, 14, or 16 of the Social Security Act.

(F) Supplemental Nutrition Assistance Program (SNAP) agencies.

(G) Other insurance affordability programs.

(H) The Department of Treasury.

(I) The Department of Homeland Security.

(J) Asset Verification System.

(b) Self-attestation. Information provided orally or in writing by or on behalf of an individual.

(c) Documentation. Documentary evidence provided by or on behalf of an individual or obtained by the Department from a third party.

(3) If necessary, information needed to determine eligibility must be provided by or on behalf of the individual requesting benefits.

(4) The Department must allow a reasonable amount of time to provide additional information, if necessary.

(5) Financial eligibility .

(a) Resources.

(A) In the OSIPM and Qualified Disabled and Working Individual (QDWI) programs, if the total self-attested value of gross "liquid resources" of the financial group (see OAR 461-110-0530) is less than $400, further verification of the value of "liquid resources" is only required if questionable. For the purposes of this rule, "liquid resources" include cash as well as other resources that can be converted to cash within 20 business days, except that the cash surrender value of a life insurance policy is not considered a liquid resource.

(B) The Department must request and use information from available electronic sources, without requiring additional documentation, to verify a resource, unless:

(i) The information is not available to the Department electronically.

(ii) The information provided by self-attestation differs from the information received electronically and the individual or person acting on the individual’s behalf could not provide a statement which reasonably explains the discrepancy.

(C) The Department must use the Asset Verification System when a resource or transfer of assets (see OAR 461-140-0210 to 461-140-0300) evaluation is necessary to determine eligibility, subject to the following provisions:

(i) Consent to use the Asset Verification System is required and a condition of eligibility .

(ii) If resource information is not available, or not returned, through the Asset Verification System, or differs from self-attested information, resource documentation may be requested directly from the individual, subject to the other requirements of this section and subparagraph (iii) below.

(iii) If the reported value of total countable bank accounts differs from what is returned by the Asset Verification System, including accounts that were not reported, no further verification is needed if both of the following are true:

(I) Both values are below the applicable resource limit.

(II) No countable resources other than bank accounts are reported.

(b) Income. The Department verifies income through electronic, self-attestation, and documentary methods. Except for as provided in paragraph (A) of this subsection, individuals may self-attest to income that is not subject to verification by the Federal Data Services Hub (FDSH), such as self-employment or private pension. Income subject to verification by the FDSH is compared to self-attested income to determine if further verification is needed. Self-attestation may otherwise be accepted subject to the provisions in paragraph (B) of this subsection.

(A) Supplemental Security Income (SSI) and all Social Security Title II income will be verified via means separate from the FDSH check described in part (B) of this subsection. The verified amounts shall be used to determine eligibility .

(B) FDSH check. Self-attested income is compared to information obtained through a match with the FDSH.

(i) Step One. The self-attested income of each individual in the financial group is compared to the values returned by the FDSH for that individual to determine if it is considered “reasonably compatible,” meaning no further verification is needed. The income is reasonably compatible if it meets any of the following:

(I) The FDSH returns a value greater than $0, but less than the individual’s attested amount.

(II) The FDSH returns a value greater than the attested amount, but within 110% of the individual’s attested amount.

(III) The individual attests to $0 income, and the FDSH returns $0 or absent value.

(ii) Step Two. If any member of the financial group has income that is not reasonably compatible as described in paragraph (i) of this part above, the total self-attested income of each individual’s financial group is compared to the total income obtained by the FDSH for the financial group to determine if it is considered reasonably compatible , meaning no further verification is required. The income is reasonably compatible if the total income of the individual’s financial group obtained via the FDSH and the total self-attested income of the financial group are both within the income threshold for the benefit for which the individual is evaluated.

(iii) If the total self-attested income of the financial group results in financial ineligibility, the Department shall accept the attested information and deny benefits.

(iv) If self-attested income is not reasonably compatible under Step One or Step Two and does not result in financial ineligibility:

(I) Self-attested income will be used for the initial eligibility determination and documentary verification will be requested post- eligibility .

(II) Upon receipt of documentary verification, the Department will confirm or adjust ongoing eligibility as appropriate.

(III) If documentary verification cannot be obtained, the individual must provide a reasonable explanation as to why, which the Department may accept.

(6) Identity.

(a) Except as provided for in subsections (c), (d) and (e) of this section, individuals must provide documentation to verify identity.

(b) The Department must accept the following as proof of identity, provided such document has a photograph or other identifying information sufficient to establish identity, such as name, age, race, height, weight, eye color, or address:

(A) Driver’s license issued by a state or territory.

(B) School identification card.

(D) Identification card issued by the federal, state, or local government.

(E) Military dependent identification card.

(F) U.S. Coast Guard Merchant Mariner card.

(G) For children under the age 19, a clinic, doctor, hospital, or school record, including preschool or day care records.

(H) Two other documents containing consistent information that corroborates an applicant’s identity. Such documents can include employer identification cards; high school, high school equivalency, and college diplomas; marriage certificates; divorce decrees; and property deeds or titles.

(c) The Department may accept the finding of identity from a federal or another state agency for the purposes of public assistance, law enforcement, internal revenue or tax bureau, or corrections, if the agency has verified and certified the identity of the individual.

(d) If the Department has verified an individual’s citizenship via either a cross match with a state vital statistics agency documenting a record of birth, or a data match with the Department of Homeland Security’s Systematic Alien Verification for Entitlements (SAVE) program, no additional proof of identity is needed.

(e) If the individual does not have any document specified in subsection (b) of this section, and identity cannot be verified under subsections (c) or (d) of this section, the Department must accept an affidavit signed, under penalty of perjury, by an individual other than the applicant who can reasonably attest to the applicant’s identity. Such affidavit must contain the individual’s name and other identifying information described in subsection (b) of this section.

(7) Social Security numbers. The Department must verify that the SSN furnished by an individual was issued to that individual. Acceptable sources of verification must show a correct Social Security number, including but not limited to:

(a) Social Security Card.

(b) Social Security award letters or other correspondence or forms bearing the individual’s SSN.

(d) Information provided electronically to the Department from the Social Security Administration.

(e) Wage stubs or unemployment records.

(f) IRS forms or letters.

(8) Pregnancy. The Department must accept self-attestation of pregnancy unless the Department has information that is not reasonably compatible with such attestation.

(9) Residency, age, date of birth, household size. The Department may accept self-attestation as verification of residency, age, date of birth, and household size, unless the statement differs from information available to the Department electronically or otherwise, in which case the Department may require the individual to provide documentation.

(10) If the Department is unable to verify information electronically or from a third party, the Department will accept, on a case-by-case basis, self-attestation to verify all eligibility criteria, except citizenship and immigration status, under the following circumstances:

(a) Documentation does not exist at initial application or redetermination; or

(b) Documentation is not reasonably available at initial application or redetermination, such as in the case of homelessness, domestic violence, or natural disaster.

(11) The Department may not deny, close, or reduce benefits if verification available to the Department is incompatible or absent, and the Department did not request additional information from the individual.

History

Statutory/Other Authority: 411.070, 411.404, 411.706, 413.085, 414.685, ORS 409.050, 411.060, 411.402, 42 USC 1396W & 42 CFR 435.940 – 435.965
Statutes/Other Implemented: ORS 409.010, 409.050, 411.060, 411.070, 411.404, 411.706, 413.085, 414.685, 414.839, 411.402, 42 USC 1396W & 42 CFR 435.940 – 435.965
SSP 1-2026, minor correction filed 01/06/2026, effective 01/06/2026
SSP 21-2025, amend filed 09/29/2025, effective 10/01/2025
SSP 55-2024, amend filed 09/30/2024, effective 10/01/2024
SSP 50-2022, amend filed 09/30/2022, effective 10/01/2022
SSP 33-2020, amend filed 09/21/2020, effective 10/01/2020
SSP 12-2018, minor correction filed 03/16/2018, effective 03/16/2018
SSP 33-2017, amend filed 12/08/2017, effective 01/01/2018
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 35-2015, f. 12-23-15, cert. ef. 1-1-16
SSP 25-2015, f. 9-29-15, cert. ef. 10-1-15
SSP 14-2007, f. 12-31-07, cert. ef. 1-1-08
AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00
AFS 19-1993, f. & cert. ef. 10-1-93

Or. Admin. R. 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 Program Medical (OSIPM).

(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.

(2) The Department must verify citizenship through one of the following:

(a) A U.S. passport, including a U.S. Passport Card issued by the Department of State, without regard to any expiration date as long as such passport or card was issued without limitation.

(b) A Certificate of Naturalization.

(d) A valid state-issued driver's license if the state issuing the license requires proof of U.S. citizenship, or obtains and verifies a Social Security Number (SSN) from the applicant who is a citizen before issuing such license.

(e) Documentary evidence issued by a federally-recognized American Indian or Alaska Native tribe identified in the Federal Register by the Bureau of Indian Affairs within the U.S. Department of the Interior, and including tribes located in a state that has an international border, which:

(A) Identifies the federally recognized American Indian or Alaska Native tribe that issued the document;

(B) Identifies the individual by name; and

(f) Documents described in subsection (e) of this section include, but are not limited to:

(A) A tribal enrollment card.

(B) A "Certificate of Degree of Indian or Alaska Native Blood."

(D) Documents on tribal letterhead, issued under the signature of the appropriate tribal official, that meet the requirements of subsection (e) of this section.

(g) A data match with the Social Security Administration.

(3) If an individual does not provide documentary evidence from the list in section (2) of this rule, the following must be accepted as satisfactory evidence to establish citizenship if also accompanied by an identity document listed OAR 461-115-0700(6):

(a) A U.S. public birth certificate showing birth in one of the 50 states, the District of Columbia, Guam, American Samoa, Swain's Island, Puerto Rico (if born on or after January 13, 1941), the Virgin Islands of the U.S. or the Commonwealth of the Northern Mariana Islands (CNMI) (if born after November 4, 1986 (CNMI local time)). The birth record document may be issued by a state, commonwealth, territory, or local jurisdiction. If the document shows the individual was born in Puerto Rico or the Northern Mariana Islands before the applicable date referenced in this paragraph, the individual may be a collectively naturalized citizen. The following will establish U.S. citizenship for collectively naturalized individuals:

(A) Puerto Rico: Evidence of birth in Puerto Rico and the applicant's statement that the applicant was residing in the U.S., a U.S. possession, or Puerto Rico on January 13, 1941.

(B) Northern Mariana Islands (NMI) (formerly part of the Trust Territory of the Pacific Islands (TTPI)):

(i) Evidence of birth in the NMI, TTPI citizenship and residence in the NMI, the U.S., or a U.S. territory or possession on November 3, 1986 (NMI local time) and the applicant's statement that the applicant did not owe allegiance to a foreign State on November 4, 1986 (NMI local time).

(ii) Evidence of TTPI citizenship, continuous residence in the NMI since before November 3, 1981 (NMI local time), voter registration before January 1, 1975, and the applicant's statement that the applicant did not owe allegiance to a foreign State on November 4, 1986 (NMI local time).

(iii) Evidence of continuous domicile in the NMI since before January 1, 1974, and the applicant's statement that the applicant did not owe allegiance to a foreign State on November 4, 1986 (NMI local time). Note: If an individual entered the NMI as a nonimmigrant and lived in the NMI since January 1, 1974, this does not constitute continuous domicile and the individual is not a U.S. citizen.

(b) At state option, a cross match with a state vital statistics agency documenting a record of birth.

(d) A Report of Birth Abroad of a U.S. Citizen.

(e) A Certification of Birth in the United States.

(f) A U.S. Citizen I.D. card.

(g) A Northern Marianas Identification Card issued by the U.S. Department of Homeland Security (or predecessor agency).

(h) A final adoption decree showing the child's name and U.S. place of birth, or if an adoption is not final, a statement from a state-approved adoption agency that shows the child's name and U.S. place of birth.

(i) Evidence of U.S. Civil Service employment before June 1, 1976.

(j) U.S. Military Record showing a U.S. place of birth.

(k) A data match with the Department of Homeland Security's SAVE Program or any other process established by the Department of Homeland Security to verify that an individual is a citizen.

(l) Documentation that a child meets the requirements of section 101 of the Child Citizenship Act of 2000 as amended (8 U.S.C. 1431).

(m) Medical records, including, but not limited to, hospital, clinic, or doctor records or admission papers from a nursing facility, skilled care facility, or other institution that indicate a U.S. place of birth.

(n) Life, health, or other insurance record that indicates a U.S. place of birth.

(o) Official religious record recorded in the U.S. showing that the birth occurred in the U.S.

(p) School records, including pre-school, Head Start and daycare, showing the child's name and U.S. place of birth.

(q) Federal or state census record showing U.S. citizenship or a U.S. place of birth.

(r) If the applicant does not have one of the documents listed in section (2) of this rule subsections (a) through (q) of this section, the applicant may submit an affidavit signed by another individual under penalty of perjury who can reasonably attest to the applicant's citizenship, and that contains the applicant's name, date of birth, and place of U.S. birth. The affidavit does not have to be notarized.

(4) The following individuals who make a declaration of citizenship are exempt from the requirement to provide documentary evidence of citizenship:

(a) Individuals receiving Supplemental Security Income (SSI).

(b) Individuals entitled to or enrolled in any part of Medicare.

(d) Individuals who are in foster care and who are assisted under Title IV-B of the Act, and individuals who are beneficiaries of foster care maintenance or adoption assistance payments under Title IV-E of the Act.

(e) Newborns of an assumed eligible individual (see OAR 461-135-0010).

(5) The Department must attempt to verify a declaration by or on behalf of an individual of qualified noncitizen status using an electronic service.

(a) Individuals who make a declaration of qualified noncitizen status are exempt from the requirement to provide documentary evidence if they are receiving SSI.

(b) The Department must promptly resolve all discrepancies between the electronic information and information provided by the or on behalf of the individual and resubmit corrected information through the electronic service.

(c) For purposes of verifying the veteran and active duty exemption from the five-year waiting period (see OAR 461-120-0125), the Department must verify that:

(A) The individual is an honorably discharged veteran.

(B) The individual is in active military duty status.

(C) The individual is a spouse (see OAR 461-001-0000), unmarried dependent child, or an un-remarried surviving spouse of an individual qualifying for this waiting period exemption.

(D) If the Department is unable to verify such status, the Department may accept self-attestation (see OAR 461-115-0700).

(6) Individuals who declare non-qualified or undocumented noncitizen status and who meet the criteria of OAR 461-135-1070 are not required to present an SSN or verify noncitizen status.

(7) The Department must retain a record of having verified citizenship or noncitizen status according to the applicable retention period.

(8) Unless a change in citizenship has been reported, the Department may not re-verify or require the individual to re-verify at redetermination or upon a subsequent application following a break in coverage.

(9) If the Department cannot promptly verify citizenship or qualified noncitizen status:

(a) The Department must provide a reasonable opportunity period (see section (10) of this rule); and may not delay, deny, reduce, or terminate benefits for an individual who is otherwise eligible during the reasonable opportunity period.

(b) If a reasonable opportunity period is provided and the individual is otherwise eligible, the Department may approve benefits effective the month of in which the date of request falls.

(10) Reasonable opportunity period.

(a) The Department must provide a reasonable opportunity period to individuals who declare citizenship or qualified noncitizen status which the Department cannot independently verify.

(b) During this period, the Department must continue efforts to verify the individual’s citizenship or qualified noncitizen status.

(c) Notice of the reasonable opportunity period must be sent that is accessible to those with limited English proficiency and individuals with disabilities.

(d) The Department must assist individuals declaring citizenship who do not have an SSN with obtaining an SSN and attempt to verify citizenship once it is obtained.

(e) The Department must provide the individual with information about how to contact the electronic data source so that the individual can try to resolve inconsistencies that prevented electronic verification and then pursue electronic verification once the individual reports the inconsistencies have been resolved.

(f) The reasonable opportunity period begins on the date the reasonable opportunity period notice is received by the individual, which is considered to be five days after the date of the notice, unless the individual can show that the individual did not receive the notice within the five-day period.

(g) The reasonable opportunity period ends either when the Department verifies citizenship or qualified noncitizen status, or 90 days from the date the notice is received, whichever is earlier. For individuals who declare qualified noncitizen status, the reasonable opportunity period may be extended if the individual is making a good faith effort or the Department needs more time.

(h) If the reasonable opportunity period ends and the verification has not been received, the Department must take action within 30 days to terminate eligibility.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.402, 411.404, 411.706, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.010, 411.060, 411.402, 411.404, 411.706, 413.085, 414.685, 414.839 & 42 CFR 435.956
SSP 19-2026, amend filed 03/19/2026, effective 04/01/2026
SSP 44-2023, amend filed 09/18/2023, effective 10/01/2023
SSP 16-2022, minor correction filed 02/16/2022, effective 02/16/2022
SSP 22-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 3-2018, minor correction filed 01/02/2018, effective 01/02/2018
SSP 33-2017, adopt filed 12/08/2017, effective 01/01/2018

Or. Admin. R. 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.

History

Statutory/Other Authority: ORS 411.060, 412.049 & 2007 OL 861
Statutes/Other Implemented: ORS 411.060, 412.049 & 2007 OL 861
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08

Division 120 GENERAL NONFINANCIAL ELIGIBILITY REQUIREMENTS

Or. Admin. R. 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 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) Emergency Assistance (EA) may be issued to help an individual return to a former state of residence.

(b) In the Medicare Savings Programs (see OAR 461-001-0000), Oregon Supplemental Income Program Medical (OSIPM), and Refugee Assistance Medical (REFM) programs, when an individual is presumed incapable of forming an intent to reside under OAR 461-120-0050.

(c) In the Medicare Savings Programs , OSIPM, Refugee Assistance (REF), and Temporary Assistance for Needy Families (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 Supplemental Nutrition Assistance Program (SNAP) does not require intent to remain to establish residency.

(e) In the Temporary Assistance for Domestic Violence Survivors (TA-DVS) program, to the extent permitted under OAR 461-135-1200.

(4) An individual is not a resident if the individual is in Oregon solely for a vacation.

(5) An individual continues to be a resident of Oregon during a temporary period of absence if the individual intends to return when the purpose of the absence is completed; and, in the TANF program, the individual remains in the household group under OAR 461-110-0210.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.706, 411.816, 412.006, 412.014, 412.049, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.010, 409.050, 411.060, 411.070, 411.404, 411.706, 411.816, 412.006, 412.014, 412.049, 413.085, 414.025, 414.033, 414.685, 414.826, 414.839 & 412.072
SSP 11-2026, minor correction filed 02/19/2026, effective 02/19/2026
SSP 1-2024, minor correction filed 02/21/2024, effective 02/21/2024
SSP 14-2017, f. 6-5-17, cert. ef. 7-1-17
SSP 24-2015, f. 9-29-15, cert. ef. 10-1-15
SSP 17-2015, f. & cert. ef. 6-30-15
SSP 15-2014, f. & cert. ef. 7-1-14
SSP 9-2012, f. 3-29-12, cert. ef. 4-1-12
SSP 18-2010, f. & cert. ef. 7-1-10
SSP 39-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10
AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 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 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.

(4) For an individual less than 21 years of age who is legally emancipated or married and capable of indicating intent to reside the state of residence is determine in accordance with section (1) of this rule. For other individuals under age 21, the state of residence is one of the following:

(a) The state of residence of the individual's parent or legal guardian 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).

(b) 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 or residence of the guardian is used instead of the parent's).

(c) The state of residence of the party who applies for benefits on the individual's behalf if the individual has been abandoned by his or her parents, does not have a legal guardian, and is institutionalized in that state.

(d) 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.

(e) Notwithstanding any other provision of this section, for individuals receiving federal payments for foster care and adoption assistance under title IV-E of the Social Security Act, the state of residence is the state where the individual lives.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.404, 411.706, 411.816, 412.006, 412.014, 412.049, 412.124 & 414.231
Statutes/Other Implemented: ORS 411.060, 411.070, 411.404, 411.706, 411.816, 412.006, 412.014, 412.049, 412.124 & 414.231
SSP 12-2026, minor correction filed 02/19/2026, effective 02/19/2026
SSP 34-2016, f. 9-30-16, cert. ef. 10-1-16
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 16-2014, f. & cert. ef. 7-1-14
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 9-2012, f. 3-29-12, cert. ef. 4-1-12
SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07
AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 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 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.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.404, 411.706 & 414.231
Statutes/Other Implemented: ORS 411.060, 411.070, 411.404, 411.706 & 414.231
SSP 13-2026, minor correction filed 02/19/2026, effective 02/19/2026
SSP 16-2014, f. & cert. ef. 7-1-14
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 9-2012, f. 3-29-12, cert. ef. 4-1-12
AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 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 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.

(2) In OSIPM-Healthier Oregon, to be a member of the benefit group an individual must meet the eligibility requirements of OAR 461-135-1080.

(3) In the REF and REFM programs, to be a member of the need group and the benefit group an individual must meet the noncitizen status requirements of OAR 461-120-0125.

(4) In the TA-DVS program, a survivor of domestic violence (see OAR 461-001-0000) is not subject to section (1) of this rule when OAR 461-135-1200 applies.

(5) In the TANF program, a survivor of domestic violence is not subject to section (1) of this rule when the individual is at risk of further or future domestic violence.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.404, 411.706, 411.816, 412.006, 412.014, 412.049 & 412.124
Statutes/Other Implemented: ORS 411.060, 411.070, 411.404, 411.706, 411.816, 412.006, 412.014, 412.049, 412.124, 409.050, 414.231 & 412.072
SSP 27-2024, minor correction filed 03/18/2024, effective 03/18/2024
SSP 50-2023, amend filed 11/30/2023, effective 12/01/2023
SSP 24-2023, temporary amend filed 07/01/2023, effective 07/01/2023 through 12/27/2023
SSP 19-2023, amend filed 06/20/2023, effective 07/01/2023
SSP 40-2022, amend filed 06/29/2022, effective 07/01/2022
SSP 24-2022, minor correction filed 02/16/2022, effective 02/16/2022
SSP 54-2021, minor correction filed 12/13/2021, effective 12/13/2021
SSP 17-2016, f. 4-27-16, cert. ef. 5-1-16
SSP 11-2016(Temp), f. & cert. ef. 3-4-16 thru 8-30-16
SSP 9-2012, f. 3-29-12, cert. ef. 4-1-12
Reverted to SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06
SSP 6-2009(Temp), f. & cert. ef. 4-1-09 thru 9-28-09
SSP 4-2009(Temp), f. 3-11-09, cert. ef. 4-1-09 thru 9-28-09
SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06
AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00
AFS 9-1997, f. & cert. ef. 7-1-97
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 28-1992, f. & cert. ef. 10-1-92
AFS 17-1992, f. & cert. ef. 7-1-92
AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 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 rule.

(1) For purposes of this chapter of rules,

(a) In all programs except the Supplemental Nutrition Assistance Program (SNAP), 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).

(b) In the Oregon Supplemental Income Program Medical (OSIPM) and Qualified Medicare Beneficiaries (QMB) programs, in addition to subsection (a) of this section, an individual is a "qualified noncitizen" if the individual is from the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau who lawfully reside in the United States in accordance with the Compacts of Free Association. The provisions in this subsection are retroactively effective December 28, 2020.

(c) In the Temporary Assistance for Needy Families (TANF) program, in addition to subsection (a) of this section, an individual is a "qualified noncitizen" if the individual is a citizen of the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau who lawfully resides in the United States in accordance with the Compacts of Free Association. The provisions in this subsection are retroactively effective March 9, 2024.

(2) In all programs except the Refugee Assistance (REF), Refugee Assistance Medical (REFM), and SNAP programs, an individual meets the noncitizen status requirements if the individual is one of the following:

(a) An Indigenous, First Nation, Inuit, Métis, or Aboriginal individual who is born in Canada to whom the provisions of section 289 of the INA (8 U.S.C. 1359) apply.

(b) A qualified noncitizen (see section (1) of this rule) who is any of the following:

(A) A veteran of the United States Armed Forces who was honorably discharged for reasons other than noncitizen status and who fulfilled the minimum active-duty service requirements described in 38 U.S.C. 5303A(d).

(B) A member of the United States Armed Forces on active duty (other than active duty for training).

(C) The spouse, the un-remarried surviving spouse, or an unmarried dependent child, of an individual described in paragraphs (A) or (B) of this subsection.

(3) In the TANF program, an individual meets the noncitizen status requirements if the individual is one of the following:

(a) An individual who is a qualified noncitizen (see subsections (1)(a) and (1)(c) of this rule).

(b) An individual who is a noncitizen who is currently experiencing domestic violence (see OAR 461-001-0000) or who has a safety concern related to domestic violence .

(A) An individual who is a citizen or national of Afghanistan paroled into the U.S. between July 31, 2021 through September 30, 2023.

(B) An unmarried child under the age of 21 or spouse of an individual listed in paragraph (A) of this subsection, who is paroled into the U.S. after September 30, 2022.

(C) A parent or legal guardian of an individual listed in paragraph (A) of this subsection, who is determined to be an unaccompanied child as defined by 6 U.S.C. § 279(g)(2), who is paroled into the U.S. after September 30, 2022.

(d) Effective October 1, 2021:

(A) An individual who is a citizen or national of Afghanistan who was granted Special Immigrant Conditional Permanent Resident status on or after July 31, 2021.

(B) An individual who is a citizen or national of Afghanistan who was granted Special Immigrant SQ/SI Parole status on or after July 31, 2021.

(D) A parent or legal guardian of an individual listed in paragraph (A) or (B) of this subsection who is determined to be an unaccompanied child as defined by 6 U.S.C. § 279(g)(2).

(e) Effective May 21, 2022, through the end of their parole:

(A) An individual who was paroled into the U.S. between February 24, 2022, and September 30, 2023, and meets one of the following:

(i) Is a citizen or national of Ukraine.

(ii) Last habitually resided in Ukraine.

(B) An individual who was paroled after September 30, 2023, and who is one of the following:

(i) An unmarried child under the age of 21 of an individual listed in paragraph (3)(e)(A) or subsection (3)(f) of this rule. An unmarried child is an individual as defined in section 101(b) of the Immigration and Nationality Act (INA) (8 U.S.C. § 1101(b)).

(ii) The spouse of an individual listed in paragraph (3)(e)(A) or subsection (3)(f) of this rule.

(C) An individual who was paroled into the U.S. after September 30, 2023, and is the parent, legal guardian, or primary caregiver of one of the following:

(i) An individual listed in paragraph (3)(e)(A) or subsection (3)(f) of this rule who is an unaccompanied refugee minor, as defined in section 412(d)(2)(B) of the INA (8 U.S.C. § 1522(d)(2)(B)).

(ii) An individual listed in paragraph (3)(e)(A) or subsection (3)(f) of this rule who is an unaccompanied child, as defined in section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. § 279(g)(2)).

(f) Effective April 24, 2024, through the end of their parole, an individual who was paroled into the U.S. from October 1, 2023, through September 30, 2024, and is a citizen or national of Ukraine or last habitually resided in Ukraine.

(4) In the OSIPM and QMB programs an individual meets the noncitizen status requirements if the individual meets any of the following:

(a) The individual has been granted a USCIS status listed under paragraphs (1)(a)(B) through (1)(a)(I) or paragraph (1)(b) of this rule.

(b) Effective October 1, 2009, the individual is a qualified noncitizen and is under 19 years of age.

(d) The individual has been granted a USCIS status listed under paragraphs (1)(a)(A), and (1)(a)(J) through (1)(a)(L) and meets one of the following:

(A) Physically entered the United States or was granted the USCIS status on or after August 22, 1996; and has been in the U.S. for five years beginning on the date the USCIS status was granted.

(B) Physically entered the United States before August 22, 1996 and was continuously present in the United States between August 22, 1996, and the date the USCIS status was granted. An individual is not continuously present in the United States if the individual is absent from the United States for more than 30 consecutive days or a total of more than 90 days between August 22, 1996 and the date the USCIS status was granted.

(e) The individual is under the age of 19 and is one of the following:

(A) An individual described in 8 CFR section 103.12(a)(4) who belongs to one of the following classes of noncitizens permitted to remain in the United States because the Attorney General has decided for humanitarian or other public policy reasons not to initiate deportation or exclusion proceedings or enforce departure:

(i) An individual currently in temporary resident status pursuant to section 210 or 245A of the INA (8 USC 1160 and 1255a);

(ii) An individual currently under Temporary Protected Status (TPS) pursuant to section 244 of the INA (8 USC 1229b);

(iii) An individual who is a “Cuban or Haitian entrant,” as defined in section 202(b) Pub. L. 99–603 (8 USC 1255a), as amended;

(iv) Family Unity beneficiaries pursuant to section 301 of Pub. L. 101–649 (8 USC 1255a), as amended;

(v) An individual currently under Deferred Enforced Departure (DED) pursuant to a decision made by the President;

(vi) An individual currently in deferred action status pursuant to Department of Homeland Security Operating Instruction OI 242.1(a)(22); or

(vii) An individual who is the spouse or child of a United States citizen whose visa petition has been approved and who has a pending application for adjustment of status.

(B) An individual in non-immigrant classifications under the INA who is permitted to remain in the U.S. for an indefinite period, including those individuals as specified in section 101(a)(15) of the INA (8 USC 1101).

(f) In the OSIPM program, is receiving Supplemental Security Income (SSI) benefits.

(g) In the QMB program, is receiving SSI and Medicare Part A benefits.

(h) Effective July 31, 2021 until March 31, 2023, or through the end of their parole, whichever is later:

(A) An individual who is a citizen or national of Afghanistan paroled into the U.S. between July 31, 2021 through September 30, 2023.

(B) An unmarried child under the age of 21 or spouse of an individual listed in paragraph (A) of this subsection, who is paroled into the U.S. after September 30, 2022.

(i) Effective July 31, 2021:

(A) An individual who is a citizen or national of Afghanistan who was granted Special Immigrant Conditional Permanent Resident status on or after July 31, 2021.

(B) An individual who is a citizen or national of Afghanistan who was granted Special Immigrant SQ/SI Parole status on or after July 31, 2021.

(D) A parent or legal guardian of an individual listed in paragraph (A) or (B) of this subsection who is determined to be an unaccompanied child as defined by 6 U.S.C. § 279(g)(2).

(j) Effective February 24, 2022, through the end of their parole:

(A) An individual who was paroled into the U.S. from February 24, 2022, through September 30, 2024, and meets one of the following:

(i) Is a citizen or national of Ukraine.

(ii) Last habitually resided in Ukraine.

(B) An individual who was paroled after September 30, 2023, and who is one of the following:

(i) An unmarried child under the age of 21 of an individual listed in paragraph (4)(j)(A) of this rule.

(ii) The spouse of an individual listed in paragraph (4)(j)(A) of this rule.

(iii) The parent, legal guardian, or primary caregiver of an individual listed in paragraph (4)(j)(A) of this rule who is also determined to be either an unaccompanied child under section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. § 279(g)(2)) or an unaccompanied refugee minor under section 412(d)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1522(d)(2)(B)).

(5) In the REF and REFM programs, an individual meets the noncitizen status requirements if the individual is admitted lawfully under any of the following provisions of law:

(a) The individual has been granted a USCIS status listed under paragraphs (1)(a)(B) through (1)(a)(H).

(b) The individual has been paroled as a refugee or asylee under section 212(d)(5) of the Immigration and Nationality Act (INA) (8 USC 1182(d)(5)).

(A) An individual who is a citizen or national of Afghanistan paroled into the U.S. between July 31, 2021 through September 30, 2023.

(B) An unmarried child under the age of 21 or spouse of an individual listed in paragraph (A) of this subsection, who is paroled into the U.S. after September 30, 2023.

(d) Effective October 1, 2021:

(A) An individual who is a citizen or national of Afghanistan who was granted Special Immigrant Conditional Permanent Resident status on or after July 31, 2021.

(B) An individual who is a citizen or national of Afghanistan who was granted Special Immigrant SQ/SI Parole status on or after July 31, 2021.

(D) A parent or legal guardian of an individual listed in paragraph (A) or (B) of this subsection who is determined to be an unaccompanied child as defined by 6 U.S.C. § 279(g)(2).

(e) Effective May 21, 2022, through the end of their parole:

(A) An individual who was paroled into the U.S. from February 24, 2022, through September 30, 2023, and meets one of the following:

(i) Is a citizen or national of Ukraine.

(ii) Last habitually resided in Ukraine.

(B) An individual who was paroled after September 30, 2023, and who is one of the following:

(i) An unmarried child under the age of 21 of an individual listed in paragraph (5)(e)(A) or subsection (5)(f) of this rule. An unmarried child is an individual defined in section 101(b) of the Immigration and Nationality Act (INA) (8 U.S.C. § 1101(b)).

(ii) The spouse of an individual listed in paragraph (5)(e)(A) or subsection (5)(f) of this rule.

(C) An individual who was paroled into the U.S. after September 30, 2023, and is the parent, legal guardian, or primary caregiver of one of the following:

(i) An individual listed in paragraph (5)(e)(A) or subsection (5)(f) of this rule who is an unaccompanied refugee minor, as defined in section 412(d)(2)(B) of the INA (8 U.S.C. § 1522(d)(2)(B)).

(ii) An individual listed in paragraph (5)(e)(A) or subsection (5)(f) of this rule who is an unaccompanied child, as defined in section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. § 279(g)(2)).

(6) In the SNAP program, an individual meets the noncitizen status requirements if the individual meets any of the following:

(a) A non-citizen national of the United States.

(b) An individual who is a “Cuban or Haitian Entrant”, as defined in section 202(b) Pub. L. 99–603 (8 USC 1255a), as amended.

(c) An individual who is a citizen of the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau who lawfully resides in the United States in accordance with the Compacts of Free Association (COFA).

(d) 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 Immigration and Nationality Act (INA).

(e) An individual who is 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.

(f) A non-citizen lawfully admitted for permanent residence as defined by section 101(a)(20) of the INA who also meets one of the following:

(A) The individual has been residing in the United States with a qualified status provided in subsection (6)(a) through (6)(f) of this rule for at least five years.

(B) The individual is under 18 years old.

(D) The individual was lawfully residing in the U.S. and was 65 years old or older on August 22, 1996.

(E) The individual has worked 40 qualifying quarters of coverage as defined under title II of the Social Security Act, or can be credited with 40 qualifying quarters as provided under 8 U.S.C. 1645, subject to the following provisions:

(i) Beginning January 1, 1997, if the individual received any federal, means-tested benefit during a quarter, the quarter is not included. Federal means tested benefits include SNAP, TANF, and Medicaid (except emergency medical).

(ii) An individual is credited with all of the qualifying quarters worked by a parent of the individual while the individual was under the age of 18, including quarters preceding the birth of the individual. An individual is credited with all of the qualifying quarters worked by their spouse during their marriage. To be credited with quarters from a spouse, the couple must still be married, or the spouse must be deceased.

(iii) A lawful permanent resident who would meet the noncitizen status requirements, except for a determination by the Social Security Administration (SSA) that the individual has fewer than 40 quarters of coverage, may be provisionally certified for SNAP program benefits while SSA investigates the number of quarters creditable to the individual. An individual provisionally certified under this subsection who is found by SSA, in its final administrative decision after investigation, not to have 40 qualifying quarters, is not eligible for SNAP program benefits received while provisionally certified. The provisional certification is effective according to the rule on effective dates for opening benefits, OAR 461-180-0080. The provisional certification cannot run more than six months from the date of original determination by SSA that the individual does not have sufficient quarters.

(F) The individual has one of the following military connections:

(i) A veteran of the United States Armed Forces who was honorably discharged for reasons other than noncitizen status and who fulfilled the minimum active-duty service requirements described in 38 U.S.C. 5303A(d).

(ii) A member of the United States Armed Forces on active duty (other than active duty for training).

(iii) The spouse or unmarried dependent child of an individual described in (6)(f)(F)(i) or (6)(f)(F)(ii) of this rule, including the spouse of a deceased veteran, provided the marriage fulfilled the requirements of 38 U.S.C. 1304, and the spouse has not remarried. For purposes of this subparagraph, a dependent child means the legally adopted or biological child of an individual described in (6)(f)(F)(i) or (6)(f)(F)(ii) of this rule who is under the age of 18 or, if a full-time student, under the age of 22; or such unmarried dependent child of a deceased veteran provided such child was dependent upon the veteran at the time of the veteran's death; or an unmarried disabled child age 18 or older if the child was disabled and dependent on the veteran prior to the child's 18th birthday.

(g) A Lawful Permanent Resident (LPR) as defined by section 101(a)(20) of the INA who previously held an immigration status identified in this subsection:

(A) American Indian born in Canada who possesses at least 50 per centum of blood of the American Indian race to whom the provisions of section 289 of the Immigration and Nationality Act (INA) (8 U.S.C. 1359) apply.

(B) A member of an Indian tribe as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)) which is recognized as eligible for the special programs and services provided by the U.S. to Indians because of their status as Indians.

(C) A member of a Hmong or Highland Laotian Tribe at the time that the Tribe rendered assistance to United States personnel by taking part in a military or rescue operation during the Vietnam era (as defined in 38 U.S.C. 101) and is a noncitizen who is lawfully residing in the United States. This category includes the spouse (or un-remarried surviving spouse) or unmarried dependent children of these individuals.

(D) Admitted to the United States as a refugee under section 207 of the INA (8 U.S.C. 1157).

(E) Deportation 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)).

(F) Granted Asylum under section 208 of the INA (8 U.S.C. 1158).

(G) Citizen or National of Afghanistan paroled into the United States from July 31, 2021, through September 30, 2023

(H) Citizen or National of Ukraine paroled into the United States from February 24, 2022, through September 30, 2024.

(I) "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).

(J) An immigration status described in subsections (6)(b) through (6)(d) of this rule

(7) SNAP eligibility provisions in section (6) of this rule implement section 10108 of Pub. L. 119-21, 139 Stat. 72 (2025) and is applied to existing SNAP cases as follows:

(a) For a benefit group (see OAR 461-110-0750) whose SNAP eligibility is based on an application with a filing date (see OAR 461-115-0040) of July 4, 2025, or after, the Department shall redetermine SNAP eligibility to apply the provisions of this rule.

(b) For a benefit group whose SNAP eligibility is based on an application with a filing date before July 4, 2025, the Department shall apply the provisions of this rule when SNAP eligibility is redetermined for any reason.

(8) See former OAR 461-135-0665 for SNAP eligibility provisions and effective dates that implement Pub. L. 119-21, 139 Stat. 72 (2025) in this rule for the time period October 1, 2025, through March 18, 2026.

History

Statutory/Other Authority: 409.050, 411.060, 411.404, 411.704, 411.706, 411.816, 412.014, 412.049, 413.085, 414.231 & 414.619
Statutes/Other Implemented: 411.060, 411.404, 411.704, 411.706, 411.816, 412.014, 412.049, 414.231, 409.010, 411.070, 414.025, H.R. 133, 116th Cong. (2019-2020), Public Law 117-43, H.R. 7691, 117th Cong. (2021-2022), 45 CFR 400 & H.R. 8035 - 118th Congress (2022-2023)
SSP 29-2026, amend filed 06/29/2026, effective 07/01/2026
SSP 21-2026, temporary amend filed 03/19/2026, effective 03/19/2026 through 09/14/2026
SSP 55-2024, amend filed 09/30/2024, effective 10/01/2024
SSP 45-2024, temporary amend filed 07/24/2024, effective 07/24/2024 through 12/16/2024
SSP 43-2024, temporary amend filed 06/26/2024, effective 06/26/2024 through 12/16/2024
SSP 42-2024, temporary amend filed 06/20/2024, effective 06/20/2024 through 12/16/2024
SSP 44-2023, amend filed 09/18/2023, effective 10/01/2023
SSP 23-2023, temporary amend filed 07/01/2023, effective 07/01/2023 through 10/03/2023
SSP 19-2023, amend filed 06/20/2023, effective 07/01/2023
SSP 14-2023, temporary amend filed 04/07/2023, effective 04/07/2023 through 10/03/2023
SSP 50-2022, amend filed 09/30/2022, effective 10/01/2022
SSP 37-2022, temporary amend filed 06/15/2022, effective 06/15/2022 through 12/11/2022
SSP 34-2022, amend filed 04/28/2022, effective 05/01/2022
SSP 26-2022, temporary amend filed 02/16/2022, effective 02/16/2022 through 05/21/2022
SSP 52-2021, temporary amend filed 11/23/2021, effective 11/23/2021 through 05/21/2022
SSP 34-2021, amend filed 06/23/2021, effective 07/01/2021
SSP 25-2021, temporary amend filed 03/12/2021, effective 03/12/2021 through 09/07/2021
SSP 22-2017, f. 9-8-17 & cert. ef. 10-1-17
SSP 10-2017, f. 3-24-17, cert. ef. 4-1-17
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 2-2016, f. & cert. ef. 1-1-16
SSP 16-2014, f. & cert. ef. 7-1-14
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 9-2012, f. 3-29-12, cert. ef. 4-1-12
SSP 18-2010, f. & cert. ef. 7-1-10
SSP 39-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
SSP 28-2009, f. & cert. ef. 10-1-09
SSP 29-2009(Temp), f. & cert. ef. 10-1-09 thru 3-30-10
SSP 9-2009(Temp), f. & cert. ef. 5-1-09 thru 10-28-09
SSP 5-2009, f. & cert. ef. 4-1-09
SSP 25-2008(Temp), f. 12-31-08, cert. ef. 1-1-09 thru 6-30-09
SSP 17-2008, f. & cert. ef. 7-1-08
SSP 4-2008(Temp), f. & cert. ef. 2-22-08 thru 7-28-08
SSP 3-2008(Temp), f. & cert. ef. 1-30-08 thru 7-28-08
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
SSP 11-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 9-30-06
SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06
SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05
SSP 7-2005, f. & cert. ef. 7-1-05
SSP 4-2005, f. & cert. ef. 4-1-05
SSP 17-2004, f. & cert. ef. 7-1-04
SSP 14-2004(Temp), f. & cert. ef. 5-11-04 thru 6-30-04
SSP 10-2004(Temp), f. & cert. ef. 4-9-04 thru 6-30-04
SSP 6-2004, f. & cert. ef. 4-1-04
SSP 36-2003(Temp), f. 12-31-03 cert. ef. 1-1-04 thru 3-31-04
SSP 29-2003(Temp), f. 10-31-03, cert. ef. 11-1-03 thru 3-31-04
SSP 23-2003, f. & cert. ef. 10-1-03
SSP 16-2003, f. & cert. ef. 7-1-03
SSP 7-2003, f. & cert. ef. 4-1-03
AFS 13-2002, f. & cert. ef. 10-1-02
AFS 10-2002, f. & cert. ef. 7-1-02
AFS 5-2002, f. & cert. ef. 4-1-02
AFS 22-2001, f. & cert. ef. 10-1-01
AFS 17-2001(Temp), f. 8-31-01, cert. ef. 9-1-01 thru 9-30-01
AFS 34-2000, f. 12-22-00, cert. ef. 1-1-01
AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99
AFS 9-1999, f. & cert. ef. 7-1-99
AFS 22-1998, f. 10-30-98, cert. ef. 11-1-98
AFS 24-1997, f. 12-31-97, cert. ef. 1-1-98
AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97
AFS 9-1997, f. & cert. ef. 7-1-97
AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97
AFS 36-1996, f. 10-31-96, cert. ef. 11-1-96
AFS 32-1996(Temp), f. & cert. ef. 9-23-96
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 28-1992, f. & cert. ef. 10-1-92
AFS 17-1992, f. & cert. ef. 7-1-92

Or. Admin. R. 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 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.

History

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
SSP 15-2022, minor correction filed 02/16/2022, effective 02/16/2022
SSP 9-2012, f. 3-29-12, cert. ef. 4-1-12
SSP 23-2008, f. & cert. ef. 10-1-08
AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00
AFS 6-1994, f. & cert. ef. 4-1-94
AFS 17-1992, f. & cert. ef. 7-1-92
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 30-1991, f. 12-31-90, cert. ef. 1-1-91
AFS 22-1990(Temp), f. 9-28-90, cert. ef. 10-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 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 461-110-0630) 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 Medicare Savings Programs (see OAR 461-001-0000) or Oregon Supplemental Income Program Medical (OSIPM), 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.

(4) Except as provided in sections (7) and (8) of this rule, in the Supplemental Nutrition Assistance Program (SNAP), to be included in the need group or benefit group , an individual (other than an unborn) must:

(a) Provide a valid SSN for the individual; or

(b) Apply for a number if the individual does not have one and provide the SSN when it is received.

(5) In the Temporary Assistance for Needy Families (TANF) program, to be included in the need group or benefit group :

(a) Except as provided in subsections (b) and (c) of this section, an individual must:

(A) Provide a valid SSN for the individual; or

(B) Provide verification of application for an SSN if the individual does not have one and provide the SSN within six months of the individual’s initial TANF approval.

(b) A child (see OAR 461-001-0000) born in an Oregon hospital is eligible for TANF benefits for up to six months from the child's date of birth.

(c) The requirement to provide an SSN, or verification of application for SSN, may be waived or postponed for up to six months for any member of the need group if the requirement would put a survivor of domestic violence (see OAR 461-001-0000) at risk.

(6) In the Medicare Savings Programs and OSIPM, an individual is not required to apply for or provide an SSN if the individual meets one of the following requirements:

(a) Is not eligible to receive an SSN.

(b) Does not have an SSN and may only be issued an SSN for a valid non-work reason in accordance with 20 CFR 422.104.

(A) The individual is a member of a recognized religious sect or division of the sect.

(B) The individual adheres to the tenets or teachings of the sect or division of the sect and for that reason is conscientiously opposed to applying for or using a national identification number.

(7) In the SNAP program, an individual is not required to apply for or provide an SSN if the individual is ---

(a) A member of a religious sect or division of a religious sect that has continuously existed since December 31, 1950; and

(b) Adheres to its tenets or teachings that prohibit applying for or using an SSN.

(8) In the SNAP program, the requirement to apply for or provide the SSN is delayed as follows:

(a) An applicant eligible for expedited services may receive their first full month's allotment without meeting the SSN requirement but must meet the requirement before receiving a second full month's allotment.

(b) Before applying for or providing an SSN, a newborn may be included in a benefit group for six months following the date the child is born or until the next recertification of the benefit group , whichever is later.

(9) In the SNAP program:

(a) An individual who refuses or fails without good cause (see subsection (c) of this section) to provide or apply for an SSN when required by this rule is ineligible to participate. This period of ineligibility continues until the individual provides the SSN to the Department.

(b) An individual may participate in SNAP for one month in addition to the month of application, if the individual can show good cause why the application for an SSN has not been completed. To continue to participate, the individual must continue to show good cause each month until the application for an SSN is complete with the Social Security Administration (SSA).

(c) An individual meets the good cause requirement in subsections (a) and (b) of this section if the individual provides evidence or collateral information that the individual applied for or made every effort to supply the SSA with the necessary information to complete the application process. Delays due to illness not associated with a disability (see OAR 461-001-0015), lack of transportation, or temporary absence do not qualify as good cause under this rule.

(10) This rule authorizes or requires the collection of an SSN for each of the following purposes.

(a) The determination of eligibility for benefits. The SSN is used to verify income and other assets, and match with other state and federal records such as the Internal Revenue Service (IRS), Medicaid, child support, Social Security benefits, and unemployment benefits.

(b) The preparation of aggregate information and reports requested by funding sources for the program providing benefits.

(d) Conducting quality assessment and improvement activities.

(e) Verifying the correct amount of payments, recovering overpaid benefits, and identifying any individual receiving benefits in more than one household.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.404, 411.706, 411.816, 412.014, 412.049 & 409.050
Statutes/Other Implemented: ORS 411.060, 411.070, 411.404, 411.706, 411.816, 412.014, 412.049, 411.704, 414.025, 414.826, 414.831, 414.117, 414.231 & 42 CFR 435.910
SSP 14-2026, minor correction filed 02/19/2026, effective 02/19/2026
SSP 41-2024, amend filed 06/20/2024, effective 07/01/2024
SSP 53-2023, amend filed 12/21/2023, effective 01/01/2024
SSP 50-2023, amend filed 11/30/2023, effective 12/01/2023
SSP 24-2023, temporary amend filed 07/01/2023, effective 07/01/2023 through 12/27/2023
SSP 19-2023, amend filed 06/20/2023, effective 07/01/2023
SSP 7-2023, amend filed 01/24/2023, effective 02/01/2023
SSP 59-2022, amend filed 12/27/2022, effective 01/01/2023
SSP 41-2022, amend filed 06/30/2022, effective 07/01/2022
SSP 30-2022, temporary amend filed 03/01/2022, effective 03/01/2022 through 08/27/2022
SSP 23-2022, minor correction filed 02/16/2022, effective 02/16/2022
SSP 40-2016, f. & cert. ef. 11-1-16
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 15-2016, f. & cert. ef. 4-1-16
SSP 16-2014, f. & cert. ef. 7-1-14
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 24-2013, f. & cert. ef. 10-1-13
SSP 12-2013(Temp), f. & cert. ef. 5-29-13 thru 11-25-13
SSP 25-2012, f. 6-29-12, cert. ef. 7-1-12
SSP 9-2012, f. 3-29-12, cert. ef. 4-1-12
SSP 10-2011, f. 3-31-11, cert. ef. 4-1-11
SSP 41-2010, f. 12-30-10, cert. ef. 1-1-11
SSP 18-2010, f. & cert. ef. 7-1-10
SSP 39-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
SSP 29-2009(Temp), f. & cert. ef. 10-1-09 thru 3-30-10
SSP 10-2007, f. & cert. ef. 10-1-07
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
SSP 17-2004, f. & cert. ef. 7-1-04
SSP 1-2003, f. 1-31-03, cert. ef. 2-1-03
AFS 34-2000, f. 12-22-00, cert. ef. 1-1-01
AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00
AFS 9-1999, f. & cert. ef. 7-1-99
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 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 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.

(4) In the TANF program, a participant who gains employment in an illegal activity is not eligible for any of the following transitional benefits:

(a) Jobs Participation Incentive (JPI).

(b) Employment Payments (EP).

(5) In the Supplemental Nutrition Assistance Program (SNAP):

(a) Support services are not allowed for an Able Bodied Adult Without Dependents (ABAWD) seeking employment in or engaged in an illegal activity .

(b) The hours looking for work and the hours worked in an illegal activity are not counted as part of the required 80 hours in work-related activities for an ABAWD in a non-waived area per OAR 461-135-0520.

History

Statutory/Other Authority: ORS 329A.500, 409.050, 411.060, 411.070, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.685
Statutes/Other Implemented: ORS 291.003, 329A.500, 409.010, 409.040, 411.060, 411.070, 411.404, 411.816, 412.014 & 412.049
SSP 44-2024, amend filed 06/27/2024, effective 07/01/2024
SSP 22-2023, amend filed 06/26/2023, effective 07/01/2023
SSP 21-2018, adopt filed 06/05/2018, effective 07/01/2018
SSP 13-2018, temporary adopt filed 03/27/2018, effective 04/01/2018 through 06/30/2018

Or. Admin. R. 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 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.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.706, 412.024, 412.049, 413.085 & 414.685
Statutes/Other 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
SSP 23-2017, f. 9-11-17, cert. ef. 10-1-17
SSP 25-2015, f. 9-29-15, cert. ef. 10-1-15
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 24-2013, f. & cert. ef. 10-1-13
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
SSP 28-2009, f. & cert. ef. 10-1-09
SSP 29-2009(Temp), f. & cert. ef. 10-1-09 thru 3-30-10
SSP 12-2009(Temp), f. 6-23-09, cert. ef. 7-1-09 thru 12-28-09
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 12-2007(Temp), f. 11-30-07, cert. ef. 12-1-07 thru 3-29-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08
AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00
AFS 24-1997, f. 12-31-97, cert. ef. 1-1-98
AFS 28-1992, f. & cert. ef. 10-1-92
AFS 8-1992, f. & cert. ef. 4-1-92
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 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 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.

(b) For an individual in community-based care (see OAR 461-001-0000):

(A) Submitting the necessary paperwork to receive the long-term care insurance payments and designating the Department 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 Department, submitting the necessary paperwork to receive the insurance payments and then promptly turning over the long-term care insurance payments to the Department upon receipt.

(c) This section of the rule does not supersede section (2) of this rule. The Department may seek payment directly from a long-term care insurer as permitted by ORS 659.830 or 743B.470.

(4) Except as outlined in OAR 461-120-0350, as a condition of eligibility, legally-able individuals must cooperate with the Department to:

(a) Identify any third party liable or potentially liable for medical costs paid by the Department, the Oregon Health Authority, Coordinated Care Organization (CCO), or prepaid managed care health services organization to or on behalf of an individual or any individual applying for or receiving medical assistance under the state plan for whom the individual is legally able;

(b) Provide information about liability or other insurance that may cover or pay for medical costs paid by the Department, the Authority, CCO, or prepaid managed care health services organization to or on behalf of a medical assistance applicant or recipient;

(c) Provide other information as required by the CCO, or prepaid managed care health services organization to assist in pursuing payment from any third party who may be liable for medical costs paid by the Department, the Authority, CCO, or prepaid managed care health services organization to or on behalf of a medical assistance applicant or recipient; and

(d) Comply with the personal injury claim provisions in accordance with OAR 461-195-0303.

(5) The amount the Department may collect in reimbursement is limited to the amount of medical services paid by the Department on behalf of the individual.

(6) The Department establishes an overpayment if it is discovered after-the-fact that during any period of time a long-term care insurance claim is on behalf of the individual and the individual received a long-term care insurance payment that was not turned over to the long-term care facility or Department as required under this rule.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.404, 411.706, 413.085, 414.231 & 414.685
Statutes/Other Implemented: ORS 409.010, 411.060, 411.404, 411.706, 414.231, 659.830 & 743B.470
SSP 55-2021, minor correction filed 12/13/2021, effective 12/13/2021
SSP 23-2017, f. 9-11-17, cert. ef. 10-1-17
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 16-2014, f. & cert. ef. 7-1-14
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 9-2012, f. 3-29-12, cert. ef. 4-1-12
SSP 17-2011, f. & cert. ef. 7-1-11
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
SSP 29-2009(Temp), f. & cert. ef. 10-1-09 thru 3-30-10
AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 28-1992, f. & cert. ef. 10-1-92

Or. Admin. R. 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 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 Job Opportunity and Basic Skills (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 Emergency Assistance (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 Refugee Assistance (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).

(2) For all programs except Medicare Savings Programs , OSIPM, REFM and SNAP:

(a) The effect of failing to comply with this rule is that everyone in the filing group is ineligible. In addition, when a REF, State Family Pre-SSI/SSDI (SFPSS), or Temporary Assistance for Needy Families (TANF) program payment ends due to the penalty described in this subsection, eligibility for and the level of SNAP benefits are determined as if the individual were receiving benefits without the effects of this rule.

(b) The penalty provided by subsection (2)(a) of this rule is effective until all members of the filing group comply with the requirements of section (1) of this rule.

(3) For Medicare Savings Programs , OSIPM, and REFM programs, individuals are not subject to the requirements of this rule as of June 3, 2025.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.087, 411.404, 411.706, 411.816, 412.006, 412.014, 412.024, 412.049, 412.124, 413.085, 414.231 & 414.619
Statutes/Other Implemented: 411.060, 411.070, 411.087, 411.404, 411.706, 411.816, 412.006, 412.014, 412.024, 412.049, 412.124, ORS 409.010, 414.231 & 45 CFR 400
SSP 2-2026, minor correction filed 01/06/2026, effective 01/06/2026
SSP 21-2025, amend filed 09/29/2025, effective 10/01/2025
SSP 14-2025, temporary amend filed 07/10/2025, effective 07/10/2025 through 12/29/2025
SSP 11-2025, amend filed 06/23/2025, effective 07/01/2025
SSP 19-2023, amend filed 06/20/2023, effective 07/01/2023
SSP 33-2021, amend filed 06/22/2021, effective 07/01/2021
SSP 29-2021, temporary amend filed 03/29/2021, effective 03/29/2021 through 09/24/2021
SSP 22-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 34-2017, amend filed 12/18/2017, effective 01/01/2018
SSP 23-2017, f. 9-11-17, cert. ef. 10-1-17
SSP 8-2017, f. 3-17-17, cert. ef. 4-1-17
SSP 24-2016, f. 6-29-16, cert. ef. 7-1-16
SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 9-2012, f. 3-29-12, cert. ef. 4-1-12
SSP 17-2008, f. & cert. ef. 7-1-08
SSP 17-2004, f. & cert. ef. 7-1-04
AFS 5-2002, f. & cert. ef. 4-1-02
AFS 19-2001, f. 8-31-01, cert. ef. 9-1-01
AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00
AFS 17-1998, f. & cert. ef. 10-1-98
AFS 30-1996, f. & cert. ef. 9-23-96
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 28-1992, f. & cert. ef. 10-1-92
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 8-1992, f. & cert. ef. 4-1-92
AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 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 this section) to help the Oregon Child Support Program establish parentage for each parent (see OAR 461-001-0000) of each dependent child (see OAR 461-001-0000) and locate and obtain support payments from each parent of each dependent child .

(b) “Good faith effort” means taking such actions as:

(A) Supplying sufficient information for the Oregon Child Support Program to proceed with appropriate actions to establish parentage of a dependent child , to locate each parent or to establish, modify, or enforce a support order with respect to any dependent child in the benefit group (see OAR 461-110-0750). Sufficient information includes, but is not limited to, the following, if known to the caretaker relative (see OAR 461-001-0000):

(i) The time and place of each dependent child 's conception if parentage is not established.

(ii) Information about any parent of a dependent child , including:

(I) Full legal name and nicknames.

(II) Social Security Number.

(III) Current or last known address.

(IV) Current or last known employer, including name and address.

(V) If a student, current or last known school.

(VI) Criminal record, including where and when incarcerated.

(VII) Date of birth, or age.

(VIII) Race.

(IX) Any known group or organizational affiliations.

(X) Names and addresses of close friends or relatives.

(XI) Any other information the Oregon Child Support Program requests to help locate or identify a parent .

(B) Supplying documentation or an explanation of the efforts of the caretaker relative to obtain information requested by the Oregon Child Support Program (if unable to provide sufficient information ).

(D) Returning telephone calls and responding to correspondence when requested to do so by the Oregon Child Support Program.

(2) A caretaker relative in the filing group (see OAR 461-110-0310 and 461-110-0330), except as permitted in section (3) of this rule, must:

(a) Agree to cooperate with the Oregon Child Support Program (see section (1) of this rule) for each dependent child for whom they are requesting benefits, both at initial application and renewal of benefits.

(b) Agree to cooperate with the Oregon Child Support Program for each additional dependent child they request benefits for during the certification period (see OAR 461-001-0000).

(c) Cooperate with the Oregon Child Support Program for each dependent child in the benefit group (see OAR 461-110-0750).

(3) A caretaker relative is excused from the requirements in section (2) of this rule:

(a) For good cause under OAR 461-120-0350;

(b) If the caretaker relative is a participant in the Job Opportunity and Basic Skills (JOBS) Plus or State Family Pre-SSI/SSDI (SFPSS) programs, or is receiving Employment Payments (see OAR 461-001-0025) under OAR 461-135-1270; or

(4) When a caretaker relative no longer meets the provisions of section (3) of this rule, the caretaker relative must comply with the requirements in subsections (2)(b) and (2)(c) of this rule.

(5) If a caretaker relative in the filing group fails to comply with the requirement described in subsection (2)(a) of this rule, the filing group is ineligible for TANF.

(6) If a caretaker relative fails to comply with the requirement in subsection (2)(b) of this rule for any dependent child they receive or request benefits for during the certification period :

(a) Subject to all other eligiblity criteria, only the dependent child (ren) for whom the caretaker relative complies with the requirement in subsection (2)(b) of this rule and the caretaker relative are eligible for TANF benefits.

(b) Dependent child (ren) for whom the caretaker relative does not comply with the requirement in subsection (2)(b) of this rule are ineligible for TANF benefits.

(c) If there are no dependent child (ren) for whom the caretaker relative complies with subsection (2)(b) of this rule, the filing group is ineligible for TANF.

(7) If a caretaker relative in the filing group fails to comply with the requirement in subsection (2)(c) of this rule, the Department applies penalties in the following manner until the caretaker relative meets the requirement:

(a) The net monthly TANF benefit of the benefit group , after reductions for the caretaker relative ’s failure to comply with requirements of the JOBS program are made, is reduced by:

(A) 25 percent for the first month following the month in which failure to comply is determined.

(B) 50 percent for the second month following the month in which failure to comply is determined.

(D) 100 percent (total ineligibility for the benefit group ) for the fourth and subsequent months following the month in which failure to comply is determined.

(b) Once a penalized caretaker relative complies with the requirements and benefits are no longer reduced under this rule, a subsequent penalty is imposed without regard to any prior penalty.

(c) If the TANF payment is affected by the penalty imposed under this rule, Supplemental Nutrition Assistance Program (SNAP) benefits will be affected as prescribed in OAR 461-145-0105.

(8) The penalty provided by this rule will continue at renewal of benefits and when there is a break in benefits for less than two calendar months following the month of closure.

(9) The penalty provided by this rule ends:

(a) When the Oregon Child Support Program has informed the Department that the non-cooperative caretaker relative has started cooperating with the Oregon Child Support Program as described in subsection (2)(c) of this rule;

(b) On the last day of the second calendar month following the month of closure; or

(10) If the penalty provided by this rule ends due to the filing group consisting of more than one caretaker relative and the filing group status changes to one caretaker relative , the penalty resumes for the duration described in section (8) of this rule.

History

Statutory/Other Authority: ORS 411.060, 411.070, 412.024 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.070, 412.024 & 412.049
SSP 12-2025, amend filed 06/26/2025, effective 07/01/2025
SSP 50-2024, minor correction filed 09/04/2024, effective 09/04/2024
SSP 44-2020, amend filed 12/22/2020, effective 01/01/2021
SSP 23-2020, temporary amend filed 07/21/2020, effective 07/21/2020 through 01/16/2021
SSP 15-2016, f. & cert. ef. 4-1-16
SSP 8-2013, f. & cert. ef. 4-1-13
SSP 36-2012, f. 12-28-12, cert. ef. 12-29-12
SSP 24-2012(Temp), f. 6-29-12, cert. ef. 7-1-12 thru 12-28-12
SSP 9-2012, f. 3-29-12, cert. ef. 4-1-12
SSP 29-2011(Temp), f. & cert. ef. 10-5-11 thru 4-2-12
SSP 28-2009, f. & cert. ef. 10-1-09
SSP 12-2009(Temp), f. 6-23-09, cert. ef. 7-1-09 thru 12-28-09
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08
SSP 33-2003, f. 12-31-03, cert. ef. 1-4-04
CWP 37-2003(Temp), f. 10-31-03, cert. ef. 11-1-03 thru 4-28-04
AFS 13-2002, f. & cert. ef. 10-1-02
AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00
AFS 8-1998, f. 4-28-98, cert. ef. 5-1-98
AFS 5-1998(Temp), f. & cert. ef. 3-11-98 thru 5-31-98
AFS 24-1997, f. 12-31-97, cert. ef. 1-1-98
AFS 19-1997, f. & cert. ef. 10-1-97
AFS 31-1996, f. & cert. ef. 9-23-96
AFS 28-1992, f. & cert. ef. 10-1-92
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 8-1992, f. & cert. ef. 4-1-92
AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 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 461-001-0000) or Oregon Supplemental Income Program Medical (OSIPM) to cooperate with the Oregon Child Support Program 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 Oregon Child Support Program 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.

(2) An individual who fails to meet an applicable requirement in section (1) of this rule is ineligible.

(a) In the case of an individual failing to meet the requirements of section (1) of this rule, the Department shall deny or close program benefits after providing the individual with notice and an opportunity to show good cause (see OAR 461-120-0350).

(b) The loss of eligibility does not apply to individuals who are not legally able to assign rights on behalf of themselves.

History

Statutory/Other Authority: ORS 411.060, 411.070, 412.024, 412.049 & 414.042
Statutes/Other Implemented: ORS 411.060, 411.070, 412.001, 412.024, 412.049, 414.025, 414.042, 42 CFR 433.147, 42 CFR 435.610 & 42 USC 1396e-1
SSP 15-2026, minor correction filed 02/19/2026, effective 02/19/2026
SSP 51-2024, minor correction filed 09/04/2024, effective 09/04/2024
SSP 41-2024, amend filed 06/20/2024, effective 07/01/2024
SSP 50-2022, amend filed 09/30/2022, effective 10/01/2022
SSP 42-2022, temporary amend filed 07/18/2022, effective 07/18/2022 through 01/13/2023
SSP 26-2019, amend filed 12/27/2019, effective 01/01/2020
SSP 14-2017, f. 6-5-17, cert. ef. 7-1-17
SSP 44-2016, f. 12-7-16, cert. ef. 1-1-17
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
SSP 29-2009(Temp), f. & cert. ef. 10-1-09 thru 3-30-10
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08
SSP 17-2004, f. & cert. ef. 7-1-04
SSP 6-2004, f. & cert. ef. 4-1-04
SSP 35-2003(Temp), f. 12-31-03 cert. ef. 1-1-04 thru 3-31-04
SSP 33-2003, f. 12-31-03, cert. ef. 1-4-04
SSP 29-2003(Temp), f. 10-31-03, cert. ef. 11-1-03 thru 3-31-04
SSP 16-2003, f. & cert. ef. 7-1-03
SSP 1-2003, f. 1-31-03, cert. ef. 2-1-03
AFS 13-2002, f. & cert. ef. 10-1-02
AFS 27-2001, f. 12-21-01, cert. ef. 1-1-02
AFS 19-2001, f. 8-31-01, cert. ef. 9-1-01
AFS 17-2000, f. 6-28-00, cert. ef. 7-1-00
AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00
AFS 10-1998, f. 6-29-98, cert. ef. 7-1-98
AFS 24-1997, f. 12-31-97, cert. ef. 1-1-98
AFS 19-1997, f. & cert. ef. 10-1-97
AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97
AFS 30-1996, f. & cert. ef. 9-23-96
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 28-1992, f. & cert. ef. 10-1-92

Or. Admin. R. 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), 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;

(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.

(2) In the Medicare Savings Programs and OSIPM, an individual is excused from the requirements of OAR 461-120-0315 and 461-120-0345 if any of the following subsections are applicable:

(a) The individual’s compliance would result in emotional or physical harm to the individual, the spouse, or any child on whose behalf cooperation is required. The statement of the individual or spouse serves as prima facie evidence that harm would result.

(b) The child was conceived as a result of incest or rape and efforts to cooperate would be detrimental to the child, the individual, or the spouse. The statement of the individual serves as prima facie evidence on the issues of conception and the detrimental effects on the child, individual, or spouse.

(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.

(e) The individual is pregnant.

(3) In the Refugee Assistance Medical (REFM) program, an individual is excused from the requirements to pursue child support, including health care coverage and medical support, from a noncustodial parent or to cooperate with the Oregon Child Support Program.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.404, 411.706, 411.816, 412.006, 412.014, 412.049, 412.124 & 414.231
Statutes/Other Implemented: ORS 411.060, 411.070, 411.404, 411.706, 411.816, 412.006, 412.014, 412.049, 412.124 & 414.231
SSP 24-2026, minor correction filed 05/05/2026, effective 05/05/2026
SSP 52-2024, minor correction filed 09/04/2024, effective 09/04/2024
SSP 33-2021, amend filed 06/22/2021, effective 07/01/2021
SSP 29-2021, temporary amend filed 03/29/2021, effective 03/29/2021 through 09/24/2021
SSP 14-2017, f. 6-5-17, cert. ef. 7-1-17
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 9-2012, f. 3-29-12, cert. ef. 4-1-12
AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00
AFS 10-1998, f. 6-29-98, cert. ef. 7-1-98
AFS 19-1997, f. & cert. ef. 10-1-97
AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 28-1992, f. & cert. ef. 10-1-92
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 8-1992, f. & cert. ef. 4-1-92
AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 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) 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.

(b) A caretaker relative (see OAR 461-001-0000) may be any age.

(A) A school in grade 12 or below, including home schooling approved by the local school district.

(B) GED classes in lieu of high school.

(D) The Oregon School for the Deaf.

(d) The student's full-time status is defined by the school.

(e) Regular attendance continues when a student misses school because of an illness, family emergency, or vacation, as long as the student intends to return to school. Students are considered to be in attendance for the full month in which they complete or discontinue school or training.

(3) To be eligible for the Oregon Supplemental Income Program Medical-Aid to the Blind (OSIPM-AB), Qualified Individual (QI), Qualified Medicare Beneficiary (QMB), Refugee Assistance (REF), Refugee Assistance Medical (REFM), Specified Low-Income Medicare Beneficiary (SLMB), or the Supplemental Nutrition Assistance Program (SNAP), an individual may be any age.

(4) To be eligible for the Oregon Supplemental Income Program Medical–Aid to the Disabled (OSIPM-AD) and Qualified Disabled and Working Individual (QDWI) programs, an individual must be under 65 years of age.

(5) To be eligible for the Oregon Supplemental Income Program Medical-Employed Persons with Disabilites (OSIPM-EPD) program, the individual must be 18 years of age or older.

(6) To be eligible for the Oregon Supplemental Income Program Medical-Old Age Assistance (OSIPM-OAA) program, an individual must be 65 years of age or older.

(7) To be eligible for OSIPM-Behavioral Health under OAR 461-135-0755, an individual must be age 21 or older.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.816, 412.049, 413.085 & 414.619
Statutes/Other Implemented: 411.060, 411.070, 411.404, 411.816, 412.049, ORS 409.010, 42 USC 1396a, 45 CFR 98.20 & 45 CFR 400
SSP 19-2026, amend filed 03/19/2026, effective 04/01/2026
SSP 54-2024, amend filed 09/27/2024, effective 10/01/2024
SSP 41-2024, amend filed 06/20/2024, effective 07/01/2024
SSP 19-2023, amend filed 06/20/2023, effective 07/01/2023
SSP 25-2019, amend filed 12/24/2019, effective 01/01/2020
SSP 11-2018, amend filed 03/09/2018, effective 04/01/2018
SSP 22-2017, f. 9-8-17 & cert. ef. 10-1-17
SSP 10-2017, f. 3-24-17, cert. ef. 4-1-17
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 16-2014, f. & cert. ef. 7-1-14
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 9-2012, f. 3-29-12, cert. ef. 4-1-12
SSP 25-2011, f. 9-30-11, cert. ef. 10-1-11
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
SSP 29-2009(Temp), f. & cert. ef. 10-1-09 thru 3-30-10
SSP 23-2008, f. & cert. ef. 10-1-08
SSP 17-2008, f. & cert. ef. 7-1-08
SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06
SSP 22-2004, f. & cert. ef. 10-1-04
SSP 17-2004, f. & cert. ef. 7-1-04
SSP 6-2004, f. & cert. ef. 4-1-04
SSP 29-2003(Temp), f. 10-31-03, cert. ef. 11-1-03 thru 3-31-04
AFS 10-2002, f. & cert. ef. 7-1-02
AFS 5-2002, f. & cert. ef. 4-1-02
AFS 27-2001, f. 12-21-01, cert. ef. 1-1-02
AFS 18-2001(Temp), f. 8-31-01, cert. ef. 9-1-01 thru 12-31-01
AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00
AFS 7-1999, f. 4-27-99, cert. ef. 5-1-99
AFS 1-1999(Temp), f. & cert. ef. 2-1-99 thru 7-31-99
AFS 25-1998, f. 12-28-98, cert. ef. 1-1-99
AFS 10-1998, f. 6-29-98, cert. ef. 7-1-98
AFS 8-1998, f. 4-28-98, cert. ef. 5-1-98
AFS 5-1998(Temp), f. & cert. ef. 3-11-98 thru 5-31-98
AFS 4-1998, f. 2-25-98, cert. ef. 3-1-98
AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97
AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 35-1992, f. 12-31-92, cert. ef. 1-1-93
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 20-1991, f. & cert. ef. 10-1-91
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 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 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.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.404 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.070, 411.404 & 412.049
SSP 19-2023, amend filed 06/20/2023, effective 07/01/2023
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 9-2012, f. 3-29-12, cert. ef. 4-1-12
SSP 17-2004, f. & cert. ef. 7-1-04
AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00
AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97
AFS 1-1993, f. & cert. ef. 2-1-93
AFS 30-1992(Temp), f. & cert. ef. 10-14-92
AFS 28-1992, f. & cert. ef. 10-1-92
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Division 125 BASIS OF NEED

Or. Admin. R. 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 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.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.404 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.070, 411.116, 411.404 & 412.049
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
AFS 11-1999, f. & cert. ef. 10-1-99
AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97
AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94
AFS 6-1994, f. & cert. ef. 4-1-94
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 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) Meets the medical vocational guidelines found in 20 C.F.R. Part 404, Subpart P, Appendix 2 for SSI; or

(2) If an individual is unable to do so, the Department will obtain medical evidence that documents a claim of physical or mental impairment.

History

Statutory/Other Authority: ORS 411.060, 411.070, 412.049 & 412.014
Statutes/Other Implemented: ORS 411.060, 411.070, 412.049 & 412.114
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08

Or. Admin. R. 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).

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.404 & 411.706
Statutes/Other Implemented: ORS 411.060, 411.070, 411.404, 411.704 & 411.706
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
SSP 8-2008, f. & cert. ef. 4-1-08
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 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 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.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404 & 411.706
Statutes/Other Implemented: ORS 409.050, 411.060, 411.070, 411.404, 411.704 & 411.706
SSP 56-2021, minor correction filed 12/13/2021, effective 12/13/2021
SSP 7-2005, f. & cert. ef. 7-1-05
AFS 20-1991, f. & cert. ef. 10-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 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.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.404 & 411.706
Statutes/Other Implemented: ORS 411.060, 411.070, 411.404 & 411.706
AFS 27-2001, f. 12-21-01, cert. ef. 1-1-02
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 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 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.

(2) If the Department finds the individual eligible for OSIPM in the absence of a disability determination by SSA, the individual remains eligible, provided that the individual continues to meet the disability criteria for eligibility for OSIPM, until SSA denies the disability claim in a final administrative decision.

(3) For OSIP and OSIPM, a disability determination made by SSA that is unfavorable to an individual is binding on the Department unless the requirements of at least one of the following subsections are met (see 42 C.F.R. section 435.541(c)(1) and (c)(4)):

(a) SSA made the determination for a reason other than disability.

(b) The individual alleges a disabling condition different from, or in addition to, that considered by SSA in making its determination.

(c) More than 12 months after the most recent SSA determination denying disability, the individual alleges that his or her condition has changed or deteriorated since that SSA determination, and the individual has not made application to SSA based on these allegations.

(d) The individual alleges less than 12 months after the most recent SSA determination denying disability that the condition which SSA evaluated has changed or deteriorated since that SSA determination; and one or both of the following apply:

(A) The individual has requested reconsideration or reopening of the most recent SSA determination denying disability and SSA has declined to consider the new allegations.

(B) It is clear that the individual no longer meets SSI eligibility requirements unrelated to disability status but may satisfy comparable Medicaid eligibility requirements.

(4) If a binding SSA disability determination is not in place, the determination of disability to qualify for OSIPM is made by the Presumptive Medicaid Disability Determination Team (PMDDT), composed of a medical or psychological consultant and another individual who is qualified to interpret and evaluate medical reports, other evidence relating to the individual's physical or mental impairments, and (as necessary) to determine the capacities of the individual to perform substantial gainful activity, as specified in 20 C.F.R. Part 416, Subpart J (see 42 C.F.R. section 435.541(f)(2)).

(5) The Presumptive Medicaid Disability Determination Team (PMDDT) obtains and reviews medical reports and other non-medical evidence pertaining to the individual and the claimed disability. The medical report and non-medical evidence must include diagnosis and other information in accordance with the requirements for evidence applicable to disability determinations under the SSI program specified in 20 CFR Part 416, Subpart I. The PMDDT then makes a decision about medical eligibility and whether and when a redetermination will be made (see 42 C.F.R. section 435.541(f)(1) and (3)).

(6) In the OSIP-EPD and OSIPM-EPD programs, an individual is disabled (see OAR 461-001-0035) or has a disability (see OAR 461-001-0035) if the individual has a physical or mental impairment, or a combination of these impairments, that meets the definition of disability used by SSA when determining eligibility for SSI or SSDI under 20 C.F.R. Part 404. The determination is made as follows:

(a) A determination by SSA that the individual is disabled or has a disability is accepted by the Department.

(b) If the individual was determined to have a disability by SSA and lost their SSDI eligibility due to their own income, the SSA determination remains effective for one year from the date that the individual loses eligibility for SSDI.

(c) If there is no currently effective SSA determination finding the individual has a disability, the case is referred to the Department's central office for a disability determination (see OAR 461-001-0035) using the standards of 20 C.F.R. Parts 404 and 416 and considering all relevant medical and vocational information.

(d) For OSIPM-EPD, an individual is engaging in substantial gainful activity (SGA, see OAR 461-001-0035) if the earnings of the individual are at or above the EPD Income Standard.

(e) For OSIPM-EPD, any work activity engaged in during the OSIPM-EPD application process or certification period is not evaluated as past relevant work (PRW, see OAR 461-001-0035).

(7) An individual who is served by a branch office (see OAR 461-001-0000) and who has been determined by the Presumptive Medicaid Disability Determination Team (PMDDT) to have a disability (see section (1) of this rule) may receive free assistance from the Department with applications and administrative appeals for Social Security benefits based on a disability for purposes including, but not limited to, meeting the requirement to pursue assets under OAR 461-120-0330.

(8) An individual may receive free assistance from the Department with applications and administrative appeals for Social Security benefits based on a disability for purposes including, but not limited to, meeting the requirement to pursue assets under OAR 410-200-0220 if the individual:

(a) Is determined to have a disability under subsection (1)(c) of this rule;

(b) Receives benefits from one of the HSD medical programs (see OAR 461-001-0000); and

History

Statutory/Other Authority: ORS 409.050, 410.070, 411.060, 411.070, 411.121, 411.404, 411.706, 411.816, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.010, 409.050, 410.010, 410.020, 410.070, 411.060, 411.070, 411.121, 411.404, 411.704, 411.706, 411.816, 413.085 & 414.685
SSP 57-2021, minor correction filed 12/13/2021, effective 12/13/2021
SSP 5-2021, minor correction filed 02/18/2021, effective 02/18/2021
SSP 24-2016, f. 6-29-16, cert. ef. 7-1-16
SSP 19-2016, f. & cert. ef. 5-10-16
SSP 21-2016(Temp), f. & cert. ef. 5-13-16 thru 11-8-16
SSP 13-2016, f. 3-21-16, cert. ef. 4-1-16
SSP 9-2016(Temp), f. 2-23-16, cert. ef. 3-1-16 thru 4-1-16
SSP 26-2015(Temp), f. 9-29-15, cert. ef. 10-5-15 thru 4-1-16
SSP 5-2015, f. & cert. ef. 1-29-15
SSP 31-2014(Temp), f. & cert. ef. 12-8-14 thru 1-28-15
SSP 27-2014(Temp), f. & cert. ef. 10-1-14 thru 1-28-15
SSP 22-2014(Temp), f. 8-29-14, cert. ef. 9-1-14 thru 1-28-15
SSP 20-2014(Temp), f. & cert. ef. 8-1-14 thru 1-28-15
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05
SSP 22-2004, f. & cert. ef. 10-1-04
SSP 23-2003, f. & cert. ef. 10-1-03
SSP 16-2003, f. & cert. ef. 7-1-03
SSP 9-2003(Temp), f. & cert. ef. 4-11-03 thru 6-30-03
AFS 7-1999, f. 4-27-99, cert. ef. 5-1-99
AFS 1-1999(Temp), f. & cert. ef. 2-1-99 thru 7-31-99
AFS 29-1994, f. 12-29-94, cert. ef. 1-1-95
AFS 20-1991, f. & cert. ef. 10-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 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 additional medical documentation relevant to the decision is received by the Department within 30 days of the original effective date of denial or termination.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.404, 411.706, 411.710 & 412.014
Statutes/Other Implemented: ORS 411.060, 411.070, 411.404, 411.706, 411.710, 412.014 & 412.049
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08
AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00
AFS 7-1999, f. 4-27-99, cert. ef. 5-1-99
AFS 13-1995, f. 6-29-95, cert. ef. 7-1-95
AFS 28-1992, f. & cert. ef. 10-1-92
AFS 8-1992, f. & cert. ef. 4-1-92
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 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 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.

(2) Except as provided otherwise in section (3) of this rule:

(a) To determine eligibility, the Department will accept evaluations from the following medical sources: medical evaluations only from licensed physicians, including psychiatrists, osteopaths, and ophthalmologists; mental evaluations only from psychiatrists and licensed or certified psychologists; and measurement of visual acuity and visual fields only from ophthalmologistsand licensed optometrists.

(b) The Department will accept supplemental medical and vocational information to augment evaluations from acceptable medical sources, from a licensed social worker, licensed physical or occupational therapist, or licensed nurse practitioner.

(3) Except for eligibility determinations for Medicare Savings Programs (see OAR 461-001-0000), Oregon Supplemental Income Program Medical (OSIPM), and the State Family Pre-SSI/SSDI (SFPSS) program, the Department will also accept medical evaluations from licensed nurse practitioners and physician assistants; and mental evaluations from psychiatric mental health nurse practitioners.

(4) The individual must provide or cooperate in obtaining sufficient medical documentation for the Department to determine eligibility.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.710, 412.006, 412.009, 412.014 & 412.049
Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 411.404, 411.710, 412.006, 412.009, 412.014 & 412.049
SSP 19-2026, amend filed 03/19/2026, effective 04/01/2026
Temp repealed by SSP 36-2015, f. 12-23-15, cert. ef. 1-1-16
SSP 29-2015(Temp), f. & cert. ef. 10-1-15 thru 3-28-16
SSP 8-2013, f. & cert. ef. 4-1-13
SSP 39-2012(Temp), f. 12-28-12, cert. ef. 1-1-13 thru 6-30-13
AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00
AFS 28-1992, f. & cert. ef. 10-1-92
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Division 130 EMPLOYMENT PROGRAM REQUIREMENTS

Or. Admin. R. 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 (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.

(2) The following definitions apply to OAR 461-130-0305 through 461-130-0335 and OAR 461-135-0520:

(a) "Exempt" means:

(A) In all programs except the TANF program, an individual who the Department determines is not mandatory (see subsection (b) of this section) for an employment program in accordance with OAR 461-130-0310.

(B) In the TANF program, a parent (see OAR 461-001-0000) or caretaker relative (see OAR 461-001-0000) in the need group (see OAR 461-110-0630) who meets a federal exemption (see OAR 461-130-0310). “Exempt” individuals are not eligible to participate in the JOBS program.

(b) "Mandatory" means:

(A) In all programs except the SNAP and TANF programs, an individual in the need group who the Department determines must participate in an employment program in accordance with OAR 461-130-0310.

(B) In the SNAP program, an individual in the need group who the Department determines must register for an employment program in accordance with OAR 461-130-0310.

(C) In the TANF program, mandatory participants, who are not otherwise federally exempt, are JOBS eligible individuals in the need group who the Department determines must participate in an employment program in accordance with OAR 461-130-0310.

(A) An individual who is not mandatory and chooses to participate in an employment program.

(B) The following individuals may volunteer to participate in an employment program:

(i) In the SNAP program, an individual who is an ABAWD living in one of the SNAP time limit exempt areas (see OAR 461-135-0520) who is either exempt (see subsection (a) of this section) or mandatory and chooses to participate in SNAP Employment and Training.

(ii) An individual who is not an ABAWD and is either exempt or mandatory and chooses to participate in SNAP Employment and Training.

(iii) In the TANF program, a JOBS volunteer is an individual who is federally mandatory and eligible to participate in an employment program, but who may not be disqualified as they meet a state exemption according to OAR 461-130-0310.

(iv) In the REF program, an REP volunteer is an individual who is exempt (see subsection (a) of this section) and chooses to participate in the REP program.

(3) An individual must provide the information necessary for the Department to determine each of the following:

(a) The participation classification of the individual (see OAR 461-130-0310);

(b) The level of participation of the individual; and

(c) If applicable, whether an individual had good cause (see OAR 461-130-0327) for any failure to meet a requirement of an employment program.

(4) In the SNAP program, a mandatory individual (see OAR 461-130-0310(3)(b)) is registered for the employment program when a member of the filing group (see OAR 461-110-0370) or an authorized representative (see OAR 461-115-0090 and 461-115-0140) signs the SNAP program application.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.816, 412.006, 412.009 & 412.049
Statutes/Other Implemented: ORS 409.010, 411.060, 411.816, 412.006, 412.009 & 412.049
SSP 26-2021, amend filed 03/24/2021, effective 04/01/2021
SSP 25-2019, amend filed 12/24/2019, effective 01/01/2020
SSP 34-2017, amend filed 12/18/2017, effective 01/01/2018
SSP 22-2017, f. 9-8-17 & cert. ef. 10-1-17
SSP 45-2016, f. 12-20-16, cert. ef. 1-1-17
SSP 38-2016(Temp), f. & cert. ef. 10-19-16 thru 4-16-17
SSP 35-2016, f. 9-30-16, cert. ef. 10-1-16
SSP 41-2010, f. 12-30-10, cert. ef. 1-1-11
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08
SSP 7-2003, f. & cert. ef. 4-1-03
AFS 17-1998, f. & cert. ef. 10-1-98

Or. Admin. R. 461-130-0310 Participation Classifications: Exempt, Mandatory, and Volunteer

(1) In the Pre-Temporary Assistance for Needy Families (Pre-TANF), Refugee Assistance (REF), Supplemental Nutrition Assistance Program (SNAP), and Temporary Assistance for Needy Families (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 .

(2) In the Pre-TANF and TANF programs:

(a) An individual in the need group (see OAR 461-110-0630) is Job Opportunity and Basic Skills (JOBS) exempt from employment program participation and disqualification if the individual meets the requirements of at least one of the following paragraphs. The individual is –

(A) A parent (see OAR 461-001-0000) providing care for a family member who is an individual with a disability (see OAR 461-001-0000) and is in the household group (see OAR 461-110-0210) with the parent . Medical documentation to support the need for the care is required.

(B) A noncitizen who is not authorized to work in the United States.

(C) An individual who is eligible for and receives supplemental security income (SSI) from the Social Security Administration.

(D) A caretaker relative (see OAR 461-001-0000) who is non-needy.

(b) A caretaker relative of a dependent child or unborn who receives TANF program benefits is JOBS eligible if the caretaker relative is in the same filing group with the dependent child (see OAR 461-001-0000) or unborn (even if the caretaker relative is not in the TANF program benefit group under OAR 461-110-0750), unless the caretaker relative is otherwise JOBS exempt from participation under subsection (a) of this section.

(c) A JOBS volunteer is an individual who is federally mandatory and eligible to participate in an employment program, but who may not be disqualified as they meet at least one of the following state exemptions:

(A) Pregnant and the pregnancy has reached the first of the calendar month prior to the month in which the due date falls.

(B) Pregnant and experiencing medical complications due to the pregnancy that prohibit participation in activities of the program and are documented by a qualified and appropriate professional.

(C) A parent , who is 20 years old and older, or has a high school diploma or GED and is age 18 or 19, during the first six months after the birth of the parent’s dependent child except that the Department may require the parent to participate in parenting classes or a family stability activity (see OAR 461-001-0000). An exemption allowed under this paragraph may apply only to one JOBS Eligible participant in each filing group (see OAR 461-110-0330).

(D) A parent under age 20 years old without a high school diploma or GED, during the first 16 weeks after the birth of the parent’s dependent child except that the Department may require the parent to participate in parenting classes, a family stability activity , or an educational track if the parent has not completed high school, GED, or equivalency program.

(E) An individual whose participation is likely to cause undue hardship or is contrary to the best interests of the dependent child or needy caretaker relative .

(F) Pregnant and participating more than 10 hours per week during the first two months of the third trimester.

(G) A VISTA volunteer.

(H) An individual with a documented or self-disclosed disability (see OAR 461-001-0000), that is recorded in a Department approved system of record.

(3) In the SNAP program:

(a) An individual is exempt from registration in an employment program and disqualification if the individual meets the requirements of one of the following paragraphs. The individual is:

(A) An individual with a physical, mental, or behavioral health condition that prevents performance of work or the ability to obtain or maintain employment, including but not limited to:

(i) Having a disability (see OAR 461-001-0015) or receiving disability income, or has applied for disability benefits pending a decision or is in the appeal process.

(ii) Pregnant and a medical practitioner has limited their work due to medical complications related to the pregnancy.

(iii) Receiving “wrap-around services” focused on physical or mental health. “Wrap-around services” means a range of services provided by a Community Based Organization (CBO) addressing a participant’s needs which include medical or health issues preventing a participant from obtaining or maintaining employment.

(B) Responsible for the care of a child (see OAR 461-001-0000) in the filing group under 6 years of age.

(C) Responsible for the care of an individual with an incapacity that substantially reduces or eliminates the individual's ability to care for themselves, and providing this care prevents the participant from obtaining or maintaining employment.

(D) A student enrolled at least half-time, as defined by the school, in any high school or equivalent program recognized by a school district or enrolled at least half-time in any school, training program, or institution of higher education. An individual remains exempt during normal periods of class attendance, vacation, and recess but no longer qualifies for the student exemption when a break in enrollment occurs due to graduation, suspension or expulsion, or when the student drops out of school or does not enroll in classes for the next regular school term (excluding summer term).

(E) A regular participant in a drug addiction or alcoholic treatment and rehabilitation program.

(b) An individual is mandatory for registration in an employment program and the requirements in OAR 461-130-0315 if the individual meets the requirements of one of the following paragraphs. These individuals may be disqualified under OAR 461-130-0330 for failing to meet the requirements in OAR 461-130-0315. The individual is not required to participate in any SNAP employment and training program and is not subject to the SNAP time limit under OAR 461-135-0520. The individual is:

(A) Working for pay a minimum of 30 hours a week or earning money equal to at least the federal minimum wage multiplied by 30 hours per week multiplied by 4.3 weeks. An individual who is self-employed with allowable costs must meet the earnings threshold after allowing the 50 percent deduction. This includes migrant and seasonal farm workers (see OAR 461-001-0015) who are under contract or similar agreement with an employer or crew chief to begin employment within 30 days.

(B) Engaged in the TANF JOBS program under Title IV-A of the Social Security Act.

(C) In receipt of unemployment insurance benefits, has completed an application for unemployment insurance benefits and is waiting for an initial decision on the claim, or is participating in at least one of the following Employment Department training programs:

(i) The Trade Readjustment Allowance (TRA) program serving displaced workers under the Trade Act.

(ii) The Training Unemployment Insurance (TUI) program.

(iii) The Self-Employment Insurance (SEA) program.

(iv) The Apprenticeship Program (APT).

(c) A mandatory client is an individual in the need group (see OAR 461-110-0630); who is 16 or 17 years of age and a primary person (see OAR 461-001-0015), or 18 years of age and older and 59 years of age and younger; and who is not exempt under subsection (a) of this section.

(4) In the REF program, an individual in the need group is exempt from the Refugee Employment Program (REP) participation and disqualification if the individual meets the requirements of at least one of the following subsections. The individual is –

(a) 65 years of age or older.

(b) An individual providing care for a family member who is in the household group and has a disability (see OAR 461-001-0000). Medical documentation to support the need for the care is required.

(d) Pregnant and the pregnancy has reached the first of the calendar month prior to the month in which the due date falls.

(e) Pregnant and experiencing medical complications due to the pregnancy that prohibit participation in activities of the program and are documented by a qualified and appropriate professional.

(f) Pregnant and participating more than 10 hours per week during the first two months of the third trimester.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.816, 412.006, 412.009, 412.014 & 412.049
Statutes/Other Implemented: ORS 409.010, 409.750, 411.060, 411.070, 411.816, 411.837, 412.006, 412.009, 412.014, 412.049, 7 USC 2015(d) & 7 CFR 273.7
SSP 29-2026, amend filed 06/29/2026, effective 07/01/2026
SSP 53-2023, amend filed 12/21/2023, effective 01/01/2024
SSP 45-2023, temporary amend filed 09/19/2023, effective 09/19/2023 through 01/02/2024
SSP 26-2021, amend filed 03/24/2021, effective 04/01/2021
SSP 21-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 13-2018, temporary amend filed 03/27/2018, effective 04/01/2018 through 06/30/2018
SSP 5-2018, temporary amend filed 01/25/2018, effective 02/01/2018 through 06/30/2018
SSP 34-2017, amend filed 12/18/2017, effective 01/01/2018
SSP 25-2017(Temp), f. 9-15-17, cert. ef. 10-1-17 thru 1-31-18
SSP 22-2017, f. 9-8-17 & cert. ef. 10-1-17
SSP 10-2017, f. 3-24-17, cert. ef. 4-1-17
SSP 45-2016, f. 12-20-16, cert. ef. 1-1-17
SSP 38-2016(Temp), f. & cert. ef. 10-19-16 thru 4-16-17
SSP 35-2016, f. 9-30-16, cert. ef. 10-1-16
SSP 15-2016, f. & cert. ef. 4-1-16
SSP 1-2016(Temp), f. & cert. ef. 1-1-16 thru 6-28-16
SSP 37-2015, f. 12-23-15, cert. ef. 1-1-16
SSP 24-2015, f. 9-29-15, cert. ef. 10-1-15
SSP 13-2013, f. & cert. ef. 7-1-13
SSP 8-2013, f. & cert. ef. 4-1-13
SSP 39-2012(Temp), f. 12-28-12, cert. ef. 1-1-13 thru 6-30-13
SSP 25-2011, f. 9-30-11, cert. ef. 10-1-11
SSP 18-2011(Temp), f. & cert. ef. 7-1-11 thru 12-28-11
SSP 41-2010, f. 12-30-10, cert. ef. 1-1-11
SSP 28-2009, f. & cert. ef. 10-1-09
SSP 23-2008, f. & cert. ef. 10-1-08
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05
AFS 34-2000, f. 12-22-00, cert. ef. 1-1-01
AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00
AFS 12-2000(Temp), f. 5-1-00, cert. ef. 5-1-00 thru 9-30-00
AFS 9-1999, f. & cert. ef. 7-1-99
AFS 17-1998, f. & cert. ef. 10-1-98

Or. Admin. R. 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, 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).

(b) In the REF program, an REP 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 REP 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 .

(D) Provide the Department, in the manner the Department requires, with verifiable documentation of REP participation hours, including paid work, job search, and educational participation hours.

(E) Complete each activity specified on the case plan .

(A) Register for the SNAP Employment and Training program (see OAR 461-130-0305).

(B) Assist the Department in the exempt (see OAR 461-130-0305) or mandatory determination.

(D) Maintain employment:

(i) A client meeting the requirements of subparagraph (iii) of this paragraph fails to maintain employment when the criteria in at least one of the following sub-subparagraphs is met:

(I) Voluntarily leaving a job 30 days or less prior to the filing date (see OAR 461-115-0040) for SNAP benefits as provided in OAR 461-135-0521 or at any time thereafter;

(II) Being dismissed for striking while a federal, state, or county employee; or

(III) Reducing hours of work to less than 30 each week as defined in OAR 461-135-0521.

(ii) The following changes in employment status do not constitute failure to maintain employment:

(I) An employer reduces a client's hours of work;

(II) An employer fires a client from a job;

(III) A client terminates a self‑employment enterprise; and

(IV) A client resigns from a job at the demand of the employer.

(iii) Subparagraph (i) of this paragraph applies only if the client meets at least one of the following requirements. The client --

(I) Had a job that averaged not less than 30 hours each week or had provided average weekly earnings not less than the federal minimum wage multiplied by 30 hours, and the client quit the job without good cause (see OAR 461-130-0327); or

(II) Quits working under a JOBS Plus agreement more than twice (see OAR 461‑190‑0426).

(E) An ABAWD residing in one of the SNAP time limit areas (see OAR 461-135-0520) must do all of the following:

(i) Schedule and keep required employment-related appointments and interviews.

(ii) Complete all work activities and components specified in the case plan (see OAR 461-001-0020).

(iii) Provide the Department, in the manner required, with verifiable documentation of participation hours.

(iv) Notify the Department or the SNAP Employment and Training contractor of the reason for not doing the employment-related activities as set forth on the case plan .

(2) In the Pre-TANFand TANF programs, a JOBS eligible individual who fails to meet a participation requirement without good cause is subject to disqualification in accordance with OAR 461-130-0330 only after the re-engagement process under OAR 461-190-0231 has been completed.

(3) In the REF program, an REP individual who fails to meet a participation requirement without good cause is subject to disqualification in accordance with OAR 461-130-0330 only after the re-engagement process under OAR 461-190-0231 has been completed.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.816, 412.009 & 412.049
Statutes/Other Implemented: ORS 409.010, 411.060, 411.816, 412.009 & 412.049
SSP 25-2019, amend filed 12/24/2019, effective 01/01/2020
SSP 34-2017, amend filed 12/18/2017, effective 01/01/2018
SSP 22-2017, f. 9-8-17 & cert. ef. 10-1-17
SSP 45-2016, f. 12-20-16, cert. ef. 1-1-17
SSP 38-2016(Temp), f. & cert. ef. 10-19-16 thru 4-16-17
SSP 35-2016, f. 9-30-16, cert. ef. 10-1-16
SSP 15-2016, f. & cert. ef. 4-1-16
SSP 41-2010, f. 12-30-10, cert. ef. 1-1-11
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 7-2003, f. & cert. ef. 4-1-03
AFS 17-1998, f. & cert. ef. 10-1-98

Or. Admin. R. 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 the participant to increased risk of domestic violence (see OAR 461-001-0000).

(2) If in making a determination under this rule a participant's physical or mental impairment is in question, the Department may require the participant to provide documentation from a qualified and appropriate medical professional.

(3) A participant is granted "good cause" and not held to a penalty for failure to comply with a work program requirement, including an activity in a case plan (both terms defined in OAR 461-001-0025) in the following circumstances:

(a) Participation in a required activity in a case plan would have an adverse effect on or risk to the participant’s physical or mental health or would expose the participant to increased risk of domestic violence (see OAR 461-001-0000).

(b) Except in the SNAP program, participation is likely to cause undue hardship for the dependent child (see OAR 461-001-0000) or the participant.

(c) Appropriate child care, or day care for an individual in the household who has a disability (see OAR 461-001-0000 and 461-001-0015 as applicable) that substantially reduces or eliminates the individual's ability to care for himself or herself, cannot be obtained. "Appropriate child care" means that —

(A) Both the provider and the place where care is provided meet health, safety, and provider requirements as required in OAR 414-175-0080;

(B) The care accommodates the parent's work schedule; and

(d) Child care, or day care for an individual in the household group (see OAR 461-110-0210) who has a disability (see OAR 461-001-0000) that substantially reduces or eliminates the individual's ability to care for themselves, cannot be obtained within a reasonable distance. “Reasonable distance” means that the parent’s total travel time from home to the child care provider and the workplace or JOBS activity will be no more than one hour either way unless a longer commute time is customary in the community.

(e) The only child care, or day care for an individual in the household group who has a disability that substantially reduces or eliminates the individual's ability to care for themselves, that is available to the participant or in the participant’s area is considered informal and unsuitable. “Informal and unsuitable” means the Department has not approved a provider as meeting its background check and health and safety standards (“informal”), and the criteria for appropriate child care in subsection (c) of this section are not met (“unsuitable”).

(f) Affordable child care arrangements, or day care for an individual in the household group who has a disability that substantially reduces or eliminates the individual's ability to care for themselves, cannot be obtained. “Affordable child care arrangements” means the expense to the parent or parents is less than ten percent of countable (see OAR 461-001-0000) income of the financial group (see OAR 461-110-0530).

(g) The work attachment position or employment offered is vacant due to a strike, lockout, or other labor dispute.

(h) The work attachment position or employment requires the participant to join a union, and the participant has religious objections to unions.

(i) The participant belongs to a union and the employment violates the conditions of the participant’s membership in the union.

(j) The wage for the participant’s current or potential job is:

(A) Less than applicable minimum wage; or

(B) If minimum wage laws do not apply, the wage (rate for piece work) is less than that normally paid for similar work.

(k) The participant’s prospective employer engages in employment practices that are illegally discriminatory on the basis of age, sex, race, religious or political belief, marital status, disability, sexual orientation, or ethnic origin.

(l) The participant’s engagement in a required activity in a case plan would prevent or interfere with the participant’s engagement in an activity of the Confederated Tribes of Grand Ronde’s NEW program.

(m) The participant’s failure to engage is due to a circumstance beyond the participant’s reasonable control.

(n) When the failure to comply is caused by an aspect of the participant’s disability , including the Department's failure to provide a reasonable accommodation.

(o) The participant quits a job to accept another job with a monthly income at least equal to the monthly income of the first job.

(p) The Department determines there are no appropriate activities or necessary support services (see OAR 461-001-0025) to support an activity (see OAR 461-001-0025) in order for the participant to engage.

(q) In the REF program:

(A) If the participant has no means of transportation and would have to walk an unreasonable distance to engage in their plan. An "unreasonable distance" is a distance that requires a commute of more than two hours each day.

(B) If the hours or nature of the job interferes with the participant’s religious observances, convictions, or beliefs.

(C) The service requirement or work site is in violation of applicable federal, state, or local health and safety standards.

(D) The daily hours of work and the weekly hours of work exceed those customary to the occupation.

(r) The participant enrolls into a registered pre-apprenticeship program approved by Bureau of Labor and Industries (BOLI).

(s) For a reason not found in subsections (3)(a) through (3)(r) of this rule that the Department has determined is "good cause."

(4) In the SNAP program, a participant is excused from not accepting employment or for leaving a job under the following circumstances:

(a) The hours or nature of the job interferes with the participant’s religious observances, convictions, or beliefs.

(b) The participant accepts employment or enrolls at least half-time in any recognized school, training program, or institution of higher education that requires the participant to quit a job.

(c) A participant accepts employment or enrolls in school in another county, requiring the benefit group (see OAR 461-110-0750) to move and the participant to quit a job.

(d) A participant less than 60 years of age resigns, and the employer recognizes the resignation as retirement.

(e) The participant leaves a job to follow a type of employment that moves from one area to another, such as migrant labor or construction.

(f) The participant accepts a job that, for reasons beyond the control of the participant, does not materialize or results in fewer work hours or a lower wage than the participant’s previous job.

(g) Work demands or conditions, such as not being paid for work or not being paid on schedule, make employment unreasonable.

(h) The wage for the participant’s current or potential job is less than applicable minimum wage or, if minimum wage laws do not apply, the wage (rate for piece work) is less than that normally paid for similar work.

(i) The work schedule for the job in question does not conform to hours customary to the occupation or the hours worked each week are more than those customary to the occupation.

(j) The participant is not obligated to accept a job during the first 30 days of registration for employment if the job is not in the client's field of experience.

(k) The participant has no means of transportation and would have to walk an unreasonable distance to meet the participation requirement. An "unreasonable distance" is a distance that requires a commute of more than two hours each day. The participant must make a good-faith effort to secure the needed transportation.

(l) Lack of adequate child care for a child who is six years of age or older and less than 12 years of age.

(5) In the SNAP program, a participant may be excused from not meeting ABAWD work requirements (OAR 461-135-0520). “Good cause” may be granted to remove a countable month if a participant has been cooperating with their case plan (see OAR 461-001-0020), but is unable to complete the requirements due to one or more of the following unexpected circumstances. The circumstance must be beyond the control of the participant and occur during the countable month:

(a) Inclement weather.

(b) Transportation difficulties.

(d) Tragic loss.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.816, 412.006, 412.009 & 412.049
Statutes/Other Implemented: 7 USC 2029, 7 CFR 273.7, 7 CFR 273.24, 45 CFR 261.56, 411.816, ORS 409.010, 411.060, 412.006, 412.009, 412.049, 7 USC 2015 & 412.072
SSP 26-2024, minor correction filed 03/18/2024, effective 03/18/2024
SSP 36-2023, minor correction filed 07/18/2023, effective 07/18/2023
SSP 1-2023, minor correction filed 01/04/2023, effective 01/04/2023
SSP 5-2020, amend filed 03/30/2020, effective 04/01/2020
SSP 7-2019, amend filed 03/11/2019, effective 04/01/2019
SSP 37-2018, temporary amend filed 12/07/2018, effective 01/01/2019 through 03/31/2019
SSP 21-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 10-2017, f. 3-24-17, cert. ef. 4-1-17
SSP 23-2016, f. 6-28-16, cert. ef. 7-1-16
SSP 15-2016, f. & cert. ef. 4-1-16
SSP 34-2011, f. 12-27-11, cert. ef. 12-29-11
SSP 18-2011(Temp), f. & cert. ef. 7-1-11 thru 12-28-11
SSP 41-2010, f. 12-30-10, cert. ef. 1-1-11
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 17-2004, f. & cert. ef. 7-1-04
AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00
AFS 11-1999, f. & cert. ef. 10-1-99
AFS 9-1999, f. & cert. ef. 7-1-99
AFS 17-1998, f. & cert. ef. 10-1-98

Or. Admin. R. 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 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.

(2) In the EA and TANF programs, a filing group (see OAR 461-110-0310) is ineligible for program benefits during any month in which a parent (see OAR 461-001-0000) or caretaker relative (see OAR 461-001-0000) in the filing group is a striker (see section (1) of this rule). If any other member of the filing group is a striker, only that individual is ineligible.

(3) In the REF program, a filing group (see OAR 461-110-0430) is ineligible for program benefits during any month in which a member of the filing group is a striker.

(4) In the REFM program, if a filing group member is a striker during the month of application, the filing group (see OAR 461-110-0430) is ineligible for program benefits during any month in which a member of the filing group continues to be a striker.

(5) In the SNAP program:

(a) A household containing a striker is not eligible to participate in the program unless the household was eligible for benefits the day prior to the date the member became a striker.

(b) An eligible household is not entitled to an increased allotment as the result of a decrease in the income of a need group (see OAR 461-110-0630) member on strike.

(c) The eligibility (see OAR 461-001-0000) of a filing group (see OAR 461-110-0370) containing a striker is determined by adding to the income of the filing group members who are not strikers the greater of the current income of the striker or the income of the striker immediately before the strike. Deductions used to determine benefits and eligibility for a household subject to the net income eligibility standard are calculated for the month of application as for any other household.

(d) A striker is subject to the registration requirements of this division of rules unless exempt from participating in an employment program on the day of application.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.404, 411.816 & 412.049
Statutes/Other Implemented: ORS 409.050, 411.060, 411.404, 411.816 & 412.049
SSP 22-2017, f. 9-8-17 & cert. ef. 10-1-17
SSP 24-2015, f. 9-29-15, cert. ef. 10-1-15
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 41-2010, f. 12-30-10, cert. ef. 1-1-11
SSP 17-2004, f. & cert. ef. 7-1-04
AFS 17-1998, f. & cert. ef. 10-1-98

Or. Admin. R. 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, a JOBS eligible (see OAR 461-130-0310) individual who fails to comply with an employment program participation requirementor 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.

(5) In the TANF program, only 25 percent of the TANF benefit amount, less any overpayment recovered, are subject to a JOBS disqualification penalty. The effects of a JOBS disqualification, including a disqualification imposed under OAR 461-135-0085, are progressive. There are four levels of disqualification. Once a disqualification is imposed, it affects benefits according to the following schedule and continues until the disqualification ends in accordance with OAR 461-130-0335. When a disqualification penalty ends, later disqualifications begin at the first level.

(a) At the first level, the penalty is a 6.25 percent reduction in benefits.

(b) At the second level, the penalty is a 12.5 percent reduction in benefits.

(d) At the fourth level, the penalty is a 25 percent reduction in benefits. The penalty remains at the fourth level until the disqualification ends.

(6) In the SNAP program:

(a) A mandatory individual who fails to comply with the requirements of an employment program (see OAR 461-130-0315) without good cause (see OAR 461-130-0327) is removed from the need group and must serve the applicable progressive disqualification:

(A) One calendar month for the first failure to comply.

(B) Three calendar months for the second failure to comply.

(b) A mandatory individual who is an ABAWD (see OAR 461-135-0520) is also subject to SNAP time limits under OAR 461-135-0520.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.816, 412.009 & 412.049
Statutes/Other Implemented: ORS 409.010, 411.060, 411.816, 411.837, 412.009, 412.049, 45 CFR 261.12, 45 CFR 261.13 & 45 CFR 261.14
SSP 7-2023, amend filed 01/24/2023, effective 02/01/2023
SSP 25-2019, amend filed 12/24/2019, effective 01/01/2020
SSP 31-2018, minor correction filed 10/24/2018, effective 10/24/2018
SSP 34-2017, amend filed 12/18/2017, effective 01/01/2018
SSP 22-2017, f. 9-8-17 & cert. ef. 10-1-17
SSP 45-2016, f. 12-20-16, cert. ef. 1-1-17
SSP 38-2016(Temp), f. & cert. ef. 10-19-16 thru 4-16-17
SSP 35-2016, f. 9-30-16, cert. ef. 10-1-16
SSP 23-2016, f. 6-28-16, cert. ef. 7-1-16
SSP 15-2016, f. & cert. ef. 4-1-16
SSP 37-2015, f. 12-23-15, cert. ef. 1-1-16
SSP 37-2012, f. 12-28-12, cert. ef. 1-1-13
SSP 25-2012, f. 6-29-12, cert. ef. 7-1-12
SSP 35-2011, f. 12-27-11, cert. ef. 1-1-12
SSP 26-2011(Temp), f. 9-30-11, cert. ef. 10-1-11 thru 3-29-12
SSP 41-2010, f. 12-30-10, cert. ef. 1-1-11
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08
SSP 7-2005, f. & cert. ef. 7-1-05
SSP 17-2004, f. & cert. ef. 7-1-04
SSP 7-2003, f. & cert. ef. 4-1-03
AFS 9-1999, f. & cert. ef. 7-1-99
AFS 2-1999, f. 3-26-99, cert. ef. 4-1-99
AFS 17-1998, f. & cert. ef. 10-1-98

Or. Admin. R. 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, 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.

(3) In the REF program, a disqualification ends when:

(a) The Department changes the participation classification of the disqualified individual to exempt (see OAR 461-130-0305); or

(b) REF program benefits are closed for a reason other than described in OAR 461-130-0330(4).

(4) In the TANF program,

(a) The JOBS disqualification penalty imposed under OAR 461-130-0330 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) A JOBS eligible (see OAR 461-130-0310) individual in the need group (see OAR 461-110-0630) agrees to engage in a JOBS program activity (see OAR 461-001-0025) in the individual’s current or revised case plan (see OAR 461-001-0025);

(C) The household reports that the disqualified individual is no longer a member of the household group , which also ends the disqualification for the individual;

(D) 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 ; or

(E) 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 .

(b) The JOBS disqualification penalty imposed under OAR 461-130-0330 ends on the last day of the calendar month following the month of closure when TANF program benefits are closed before any provisions in subsection (a) of this section are met. (For example, if TANF benefits closed the last day of November during an active third level penalty, the third level penalty disqualification will remain until the last day of December.)

(5) In the SNAP program:

(a) The disqualification imposed under OAR 461-130-0330(6)(a) for failure to meet the requirements in OAR 461-130-0315 ends, and ineligibility for SNAP is lifted in one of the following ways:

(A) When based on change in classification: The disqualification ends the date the individual's participation classification is changed by the Department to exempt (see OAR 461-130-0310). SNAP eligibility is restored the first day of the following month. If on an open SNAP case, they are restored to the benefit group on the first day of the following month.

(B) When based on serving the disqualification and providing agreement: The disqualification ends and SNAP eligibility is restored the first day of the month following the month in which the individual serves the applicable progressive disqualification (see OAR 461-130-0330) and agrees to the work requirements in OAR 461-130-0315. If on an open SNAP case, they are restored to the benefit group on the first day of the following month.

(b) An ABAWD who resides in one of the SNAP time-limit areas (see OAR 461-135-0520) who is ineligible to receive food benefits due to receiving three countable months (see OAR 461-135-0520) may regain eligibility as provided in OAR 461-135-0520.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.816, 412.009 & 412.049
Statutes/Other Implemented: ORS 409.010, 409.050, 411.060, 411.070, 411.816, 411.825, 411.837, 412.009, 412.049, 45 CFR 261.12, 45 CFR 261.13 & 45 CFR 261.14
SSP 7-2023, amend filed 01/24/2023, effective 02/01/2023
SSP 22-2017, f. 9-8-17 & cert. ef. 10-1-17
SSP 35-2016, f. 9-30-16, cert. ef. 10-1-16
SSP 23-2016, f. 6-28-16, cert. ef. 7-1-16
SSP 15-2016, f. & cert. ef. 4-1-16
SSP 24-2015, f. 9-29-15, cert. ef. 10-1-15
SSP 37-2012, f. 12-28-12, cert. ef. 1-1-13
SSP 35-2011, f. 12-27-11, cert. ef. 1-1-12
SSP 26-2011(Temp), f. 9-30-11, cert. ef. 10-1-11 thru 3-29-12
SSP 41-2010, f. 12-30-10, cert. ef. 1-1-11
SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
AFS 34-2000, f. 12-22-00, cert. ef. 1-1-01
AFS 17-1998, f. & cert. ef. 10-1-98

Division 135 SPECIFIC PROGRAM REQUIREMENTS

Or. Admin. R. 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 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 Oregon Supplemental Income Program Medical (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.

(b) An individual who receives benefits under both Part A of Medicare and SSI is assumed eligible for the Qualified Medicare Beneficiary (QMB) program unless the individual does not meet 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.

(3) Continuous eligibility. The provisions in this section are effective July 1, 2023. Continuous eligibility (CE) means a period during which medical benefits are not reduced or closed, except for as provided in paragraphs (c)(F) and (c)(G) of this section. The period during which medical benefits are not reduced or closed is called a CE period. Eligibility for a CE period and exceptions to CE are covered in this section.

(a) Children under 6 years are granted a CE period beginning the first day of the month of the medical benefit effective date (see OARs 461-180-0090, 461-180-0100, and 461-180-0085) and ending on the last day of the month the child turns 6 years or 24 months from the CE period beginning date, whichever is later, when one of the following is met:

(A) Medical benefits with a date of request (see OAR 461-115-0030) of July 1, 2023, or later are approved for an initial month , a renewal, or a redetermination; and there is no outstanding request for information.

(B) Medical benefits with a date of request of April 1, 2023, or later were approved for an initial month , a renewal, or a redetermination; there is no outstanding request for information; and the medical benefits are ongoing on July 1, 2023.

(b) Individuals 6 years or older are granted a 24-month CE period beginning the first day of the month of the medical benefit effective date (see OARs 461-180-0090, 461-180-0100, and 461-180-0085) when one of the following is met:

(A) Medical benefits with a date of request of July 1, 2023, or later are approved for an initial month , a renewal, or a redetermination; and there is no outstanding request for information.

(A) Prior to July 1, 2023, there is no CE for Medicare Savings Programs (see OAR 461-001-0000).

(B) There is no CE for individuals receiving OSIPM-Acute Care (see OARs 461-101-0010 and 461-135-0745) or OSIPM under OAR 461-135-0750.

(C) Prior to April 1, 2023, in the OSIPM program, individuals 18 years or younger are eligible for a CE period as provided under previous OAR 461-135-0010 on the date medical program eligibility was determined.

(D) For individuals 19 years or older:

(i) There is no CE for medical eligibility determined from a date of request (see OAR 461-115-0030) before April 1, 2023.

(ii) There is no CE when medical benefit redetermination or renewal –

(I) Is based on a date of request on or after April 1, 2023; and

(II) Results in a medical benefit approval, but the approval is only to allow the individual the required 60-day advance notice of closure or reduction required under OAR 461-135-0880.

(iii) There is no CE for medical benefits restored solely due to the October 11, 2023, Oregon Eligibility Partnership transmittal OEP-AR-23-054 as the administrative restoration was not a result of a determination of financial and non-financial medical program eligibility .

(E) When an individual is eligible for retroactive medical benefits (see OAR 461-180-0140), the CE period does not begin on the date of retroactive eligibility . For example, if an applicant with a November 28 date of request is eligible for initial month benefits, as well as retroactive medical for the month of September, the CE period begin date is November 1.

(F) When an individual becomes a resident of a public institution (see OAR 461-135-0950), the Department shall suspend medical benefits as required under rule, and the CE period remains unchanged.

(G) When any of subparagraphs (i) through (v) occur, medical benefits shall be closed as required under rule and the CE period is lost. The CE period may only be restored under paragraph (H) of this subsection.

(i) The individual is no longer an Oregon resident.

(ii) The death of the individual.

(iii) The individual or someone authorized to act on their behalf voluntarily closes medical benefits.

(iv) Benefits were approved in error at the most recent determination or renewal of eligibility because of administrative error, or because of fraud, abuse, or perjury attributed to the individual or someone authorized to act on their behalf.

(v) In the Medicare Savings Programs , the individual becomes disenrolled in Medicare Part A.

(H) The CE period is restored when all of the following happen:

(i) The reason the individual’s CE ended no longer exists.

(ii) The individual establishes a date of request for medical benefits on or before the last day of the month following the month the medical program closed.

(iii) The individual is not eligible for medical benefits based on the new application.

(d) Department administration of CE. In the OSIPM programs, the Department may change the medical program of the individual as long as the benefit package is not reduced.

(A) When an individual no longer meets the OSIPM program financial requirements, but still meets non-financial requirements, the individual shall be eligible for the OSIPM program with the uppermost income limit for which they meet non-financial requirements.

(B) When both of the following are true, an individual shall receive medical benefits through the Parent or Caretaker Relative program (see OAR 410-200-0420):

(i) The individual no longer meet the OSIPM basis of need (see OAR 461-120-0310), and

(ii) The individual does not meet the non-financial eligibility requirements for HSD Medical Programs of the same or better benefit.

(4) Protected eligibility. Protected eligibility means an individual determined eligible for an Oregon Health Plan (OHP) Plus benefit shall have that eligibility protected, despite changes in circumstance that would otherwise close or reduce benefits. Protected eligibility and exceptions to protected eligibility are covered in this section.

(a) In the OSIPM programs, an individual who is eligible for and receiving OSIPM for any portion of their pregnancy is entitled to protected eligibility for the duration of the pregnancy and the postpartum eligibility period.

(b) The postpartum eligibility period is 12 calendar months following the month in which the pregnancy ends.

(A) The individual is no longer an Oregon resident.

(B) The death of the individual.

(D) Benefits were approved in error at the most recent determination or renewal of eligibility because of administrative error, or because of fraud, abuse, or perjury attributed to the individual or someone authorized to act on their behalf.

History

Statutory/Other Authority: ORS 409.050, ORS 411.060, 411.070, 411.404, 413.085, 414.685 & 42 CFR 435.926
Statutes/Other Implemented: ORS 411.060, 411.070, 411.404, ORS 409.010, 42 CFR 435.926, 42 CFR 435.120, 42 CFR 435.123, 42 CFR 435.170, American Rescue Plan Act of 2021 (PL 117-2) & Consolidated Appropriations Act, 2023 (H.R. 2617)
SSP 25-2026, minor correction filed 05/05/2026, effective 05/05/2026
SSP 50-2023, amend filed 11/30/2023, effective 12/01/2023
SSP 40-2023, temporary amend filed 07/26/2023, effective 07/26/2023 through 01/21/2024
SSP 50-2022, amend filed 09/30/2022, effective 10/01/2022
SSP 34-2022, amend filed 04/28/2022, effective 05/01/2022
SSP 31-2022, temporary amend filed 03/09/2022, effective 04/01/2022 through 09/27/2022
SSP 14-2022, minor correction filed 02/16/2022, effective 02/16/2022
SSP 58-2021, minor correction filed 12/13/2021, effective 12/13/2021
SSP 6-2021, minor correction filed 02/18/2021, effective 02/18/2021
SSP 13-2020, minor correction filed 06/02/2020, effective 06/02/2020
SSP 26-2019, amend filed 12/27/2019, effective 01/01/2020
SSP 22-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 11-2018, amend filed 03/09/2018, effective 04/01/2018
SSP 33-2017, amend filed 12/08/2017, effective 01/01/2018
SSP 34-2016, f. 9-30-16, cert. ef. 10-1-16
SSP 16-2014, f. & cert. ef. 7-1-14
SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 24-2013, f. & cert. ef. 10-1-13
SSP 25-2012, f. 6-29-12, cert. ef. 7-1-12
SSP 1-2012(Temp), f. & cert. ef. 1-13-12 thru 7-11-12
SSP 41-2010, f. 12-30-10, cert. ef. 1-1-11
SSP 27-2009, f. & cert. ef. 9-29-09
SSP 10-2009(Temp), f. & cert. ef. 5-6-09 thru 9-28-09
SSP 6-2009(Temp), f. & cert. ef. 4-1-09 thru 9-28-09
SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09
SSP 23-2008, f. & cert. ef. 10-1-08
SSP 17-2008, f. & cert. ef. 7-1-08
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08
SSP 10-2007, f. & cert. ef. 10-1-07
SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 12-2006(Temp), f. & cert. ef. 9-1-06 thru 12-31-06
SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06
SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05
SSP 33-2003, f. 12-31-03, cert. ef. 1-4-04
SSP 1-2003, f. 1-31-03, cert. ef. 2-1-03
AFS 10-2002, f. & cert. ef. 7-1-02
AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00
AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99
AFS 12-1999(Temp), f. & cert. ef. 10-1-99 thru 1-31-00
AFS 17-1998, f. & cert. ef. 10-1-98
AFS 9-1997, f. & cert. ef. 7-1-97
AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97
AFS 22-1995, f. 9-20-95, cert. ef. 10-1-95
AFS 13-1995, f. 6-29-95, cert. ef. 7-1-95
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94
AFS 13-1994, f. & cert. ef. 7-1-94
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 1-1993, f. & cert. ef. 2-1-93
AFS 28-1992, f. & cert. ef. 10-1-92
AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 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 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.

(b) The TANF program monthly benefit amount determined under OAR 461-160-0100 must be $10 or greater.

(2) Members of The Klamath Tribes may apply for either The Klamath Tribes TANF program or the ODHS TANF program.

(a) A Level 1 or Level 2 Klamath Tribes TANF program benefit disqualification does not establish an ODHS TANF program disqualification.

(b) For families whose Klamath Tribes TANF program benefits have been closed due to failure to comply with program requirements:

(A) The Klamath Tribes TANF program shall decide if the family may receive TANF from the ODHS TANF program (if eligible under Chapter 461).

(B) If the Klamath Tribes TANF program decides the family may receive TANF from ODHS, the ODHS TANF benefits shall be initially approved with no ODHS TANF program disqualification.

(3) For the Confederated Tribes of Siletz Indians of Oregon, a family is ineligible for ODHS TANF program benefits if all of the following subsections apply to the family:

(a) A parent , caretaker relative , or child is a member of The Confederated Tribes of Siletz Indians of Oregon and lives in one of the eleven service area counties: Benton, Clackamas, Lane, Lincoln, Linn, Marion, Multnomah, Polk, Tillamook, Washington, or Yamhill counties.

(b) The family includes members who are living in the same household and at least one of the following paragraphs applies:

(A) A two-parent family with one enrolled Siletz Tribal member with a shared dependent child .

(B) A single-parent family with one enrolled Siletz Tribal member.

(D) A pregnant enrolled Siletz Tribal member in their eighth month of pregnancy.

(c) The family is eligible for The Confederated Tribes of Siletz Indians of Oregon TANF program or would be eligible for the Siletz Tribes TANF program if not for the failure of the family to cooperate with Siletz TANF program requirements.

(4) If a parent or caretaker relative covered by section (3) of this rule fails to follow through with a Department referral to The Confederated Tribes of Siletz Indians of Oregon TANF program, the entire filing group is ineligible for ODHS TANF program benefits.

(5) Notwithstanding sections (3) and (4) of this rule, a family who requests to apply for TANF through the ODHS TANF program rather than The Confederated Tribes of Siletz Indians TANF program due to a safety concern is not ineligible for ODHS TANF program benefits.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.400, 411.404, 412.006, 412.016, 412.049 & 412.124
Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 411.400, 411.404, 412.006, 412.016, 412.049, 412.064 & 412.124
SSP 43-2023, amend filed 08/28/2023, effective 08/31/2023
SSP 12-2023, amend filed 03/22/2023, effective 04/01/2023
SSP 7-2023, amend filed 01/24/2023, effective 02/01/2023
SSP 51-2022, temporary amend filed 10/13/2022, effective 10/15/2022 through 04/12/2023
SSP 41-2022, amend filed 06/30/2022, effective 07/01/2022
SSP 30-2022, temporary amend filed 03/01/2022, effective 03/01/2022 through 08/27/2022
SSP 5-2020, amend filed 03/30/2020, effective 04/01/2020
SSP 21-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 22-2017, f. 9-8-17 & cert. ef. 10-1-17
SSP 35-2016, f. 9-30-16, cert. ef. 10-1-16
SSP 15-2016, f. & cert. ef. 4-1-16
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 13-2013, f. & cert. ef. 7-1-13
SSP 30-2012, f. 9-28-12, cert. ef. 10-1-12
SSP 17-2012(Temp), f. & cert. ef. 5-1-12 thru 10-28-12
SSP 25-2011, f. 9-30-11, cert. ef. 10-1-11
SSP 18-2011(Temp), f. & cert. ef. 7-1-11 thru 12-28-11
SSP 33-2009, f. & cert. ef. 10-29-09
SSP 19-2009(Temp), f. 7-29-09, cert. ef. 8-1-09 thru 10-28-09
SSP 8-2009(Temp), f. 4-20-09, cert. ef. 5-1-09 thru 10-28-09
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
AFS 34-2000, f. 12-22-00, cert. ef. 1-1-01
AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99
AFS 2-1999, f. 3-26-99, cert. ef. 4-1-99
AFS 26-1998(Temp), f. 12-30-98, cert. ef. 1-1-99 thru 3-31-99
AFS 17-1998, f. & cert. ef. 10-1-98
AFS 8-1998, f. 4-28-98, cert. ef. 5-1-98
AFS 25-1997(Temp), f. 12-31-97, cert. ef. 1-1-98 thru 4-30-98
AFS 19-1997, f. & cert. ef. 10-1-97
AFS 9-1997, f. & cert. ef. 7-1-97
AFS 26-1996, f. 6-27-96, cert. ef. 7-1-96
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 9-1991, f. 3-29-91, cert. ef. 4-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 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 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.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 412.006, 412.049 & 412.079
Statutes/Other Implemented: ORS 409.010, 409.050, 411.060, 411.070, 412.006, 412.049, 412.064 & 412.079
SSP 15-2016, f. & cert. ef. 4-1-16

Or. Admin. R. 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 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;

(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.

(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.

(2) When a minor parent head of household or needy caretaker relative receiving TANF reaches 60 months of receipt of TANF benefits, benefits may be temporarily continued past 60 months if the individual is otherwise eligible and:

(a) Is completing a previously approved JOBS Plus agreement; or

(b) Is experiencing a situation that is expected to last less than 12 months and the Department has determined it is not reasonable for the individual to obtain or maintain employment while the situation is continuing.

(3) Extensions granted based on a condition described in subsections (1)(b) to (1)(e) of this rule:

(a) Require documentation from a licensed or certified professional qualified to make such a determination (see OAR 461-125-0830); and

(b) Must be reverified upon expiration of the documentation or every twelve months, whichever date occurs first.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 412.006, 412.049 & 412.079
Statutes/Other Implemented: ORS 409.010, 409.050, 411.060, 411.070, 412.001, 412.006, 412.049, 412.064, 412.079, 412.084 & 412.072
SSP 25-2024, minor correction filed 03/18/2024, effective 03/18/2024
SSP 47-2023, amend filed 09/25/2023, effective 10/01/2023
SSP 15-2016, f. & cert. ef. 4-1-16

Or. Admin. R. 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 or another state.

(b) Months between July 1, 2003 and September 30, 2007 in which a minor parent head of household or adult received TANF in Oregon; and

(A) Participated in required JOBS activities or other education, employment, or job training program including teen parent (see OAR 461-001-0000) programs; or

(B) Was not required to participate in JOBS activities or other education, employment, or job training program including teen parent programs.

(c) Months between October 1, 2007 and June 30, 2009 and months between October 1, 2011 and April 30, 2012 in which the filing group (see OAR 461-110-0330) is a two-parent family receiving cash assistance in Oregon for which deprivation is based on unemployment or underemployment.

(d) Months beginning October 1, 2007 in which a minor parent head of household or adult received aid in Oregon and is a participant in the Degree Completion Initiative (DCI) activity (see OAR 461-001-0025) enrolled in an educational institution.

(e) Months beginning October 1, 2008 in which a minor parent head of household or adult received aid in Oregon and is a participant in the Parents as Scholars (PAS) activity (see OAR 461-001-0025) enrolled in an educational institution consistent with OAR 461-190-0199.

(f) Months between October 1, 2007 and March 31, 2016 in which the individual is unable to obtain or maintain employment for a sufficient number of hours in a month to satisfy the federally required participation rates (see OAR 461-001-0025) because the individual:

(A) Was a survivor of domestic violence (see OAR 461-001-0000);

(B) Had a certified learning disability;

(D) Had a child (see OAR 461-001-0000) with a disability (see OAR 461-001-0000), which prevented the parent (see OAR 461-001-0000) from obtaining or keeping employment;

(E) Was an individual with a disability;

(F) Was providing care for a family member who lived in the home and was an individual with a disability;

(G) Was deprived of needed medical care; or

(H) Was subjected to battery or extreme cruelty. For purposes of this rule, an individual was subjected to battery or extreme cruelty if the individual was subjected to one or more of the following:

(i) Physical acts that resulted in, or threatened to result in, physical injury to the individual.

(ii) Sexual abuse.

(iii) Sexual activity involving a dependent child.

(iv) Being forced as the caretaker relative (see OAR 461-001-0000) of a dependent child (see OAR 461-001-0000) to engage in nonconsensual sexual acts or activities.

(v) Threats of, or attempts at, physical or sexual abuse.

(vi) Mental abuse.

(vii) Neglect or deprivation of medical care.

(g) Months beginning July 1, 2003 in which the parent or needy caretaker relative resided in Indian Country (as defined in 18 U.S.C. 1151) and 50 percent or more of the adult residents of that area were unemployed. The Department considers an individual to meet the requirements of this subsection if:

(A) The individual resides on an Indian reservation, tribal allotment, or Dependent Indian Community as defined by the Bureau of Indian Affairs; or

(B) The individual is a member of one of the nine federally-recognized tribes in Oregon and resides in a county listed in subparagraph (ii) of this paragraph.

(i) The nine federally-recognized tribes in Oregon are Burns Paiute Tribe; Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians; Confederated Tribes of the Grand Ronde Community of Oregon; Confederated Tribes of the Siletz Indians; Confederated Tribes of the Umatilla Reservation; Confederated Tribes of Warm Springs; Coquille Indian Tribe; Cow Creek Band of the Umpqua Tribe of Indians; and Klamath Tribes.

(ii) The following Oregon counties are covered under paragraph (B) of this subsection for October 1, 2017 to September 30, 2018: Coos, Crook, Curry, Douglas, Josephine, and Lincoln.

(h) Months beginning October 1, 2007 in which the minor parent head of household or adult is a participant in the JOBS Plus, Pre-TANF, or SFPSS program.

(i) Months beginning October 1, 2007 in which the individual who is now a parent or pregnant was in that month a minor child and neither the head of a household nor married to the head of a household.

(j) Months beginning October 1, 2011 in which the minor parent head of household or adult is a participant in the JPI program.

(k) Months in which the minor parent head of household or adult is a recipient of Employment Payments (see OAR 461-001-0025 and 461-135-1270) unless a TANF payment was issued in the same month.

(l) Months between July 1, 2008 and April 30, 2012 in which the individual did not qualify for any other TANF time-limit exemption under this rule, and was unable to obtain or maintain employment for a sufficient number of hours in a month to satisfy the federally required participation rates (see OAR 461-001-0025) when Oregon's statewide average unemployment rate as published by the Oregon Employment Department was equal to or greater than seven percent. For purposes of this rule, this determination:

(A) Through December 31, 2011 is calculated based on a six-month period as follows:

(i) The time period during July 1, 2008 through June 30, 2009 was based on Oregon's statewide average unemployment rate as published by the Oregon Employment Department for the period July 1, 2008 through December 31, 2008.

(ii) In each six-month period, starting July 1, 2009 and ending December 31, 2011:

(I) The time period during January 1 through June 30 was based on Oregon's statewide average unemployment rate as published by the Oregon Employment Department for the period April 1 through September 30 of the preceding year.

(II) The time period during July 1 through December 31 was based on Oregon's statewide average unemployment rate as published by the Oregon Employment Department for the period October 1 through December 31 of the preceding year and January 1 through March 31 of the current year.

(B) From January 1, 2012 through April 30, 2012 was based on Oregon's statewide average unemployment rate as published by the Oregon Employment Department for the period April 1 through September 30, 2011.

(2) Months that did not count toward the time limit based on a condition described in paragraphs (1)(f)(B) to (1)(f)(F) of this rule require documentation from a licensed or certified professional qualified to make such a determination.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 412.006, 412.049 & 412.079
Statutes/Other Implemented: ORS 409.010, 409.050, 411.060, 411.070, 412.049, 412.079 & 412.072
SSP 24-2024, minor correction filed 03/18/2024, effective 03/18/2024
SSP 26-2021, amend filed 03/24/2021, effective 04/01/2021
SSP 22-2017, f. 9-8-17 & cert. ef. 10-1-17
SSP 35-2016, f. 9-30-16, cert. ef. 10-1-16
SSP 16-2017(Temp), f. 6-28-17, cert. ef. 7-1-17 thru 9-30-17
SSP 15-2017(Temp), f. 6-19-17, cert. ef. 7-1-17 thru 9-30-17
SSP 15-2016, f. & cert. ef. 4-1-16
SSP 24-2014, f. & cert. ef. 10-1-14
SSP 30-2012, f. 9-28-12, cert. ef. 10-1-12
SSP 17-2012(Temp), f. & cert. ef. 5-1-12 thru 10-28-12
SSP 9-2012, f. 3-29-12, cert. ef. 4-1-12
SSP 30-2011(Temp), f. & cert. ef. 11-1-11 thru 4-29-12
SSP 28-2009, f. & cert. ef. 10-1-09
SSP 15-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09
SSP 13-2009, f. & cert. ef. 7-1-09
SSP 12-2009(Temp), f. 6-23-09, cert. ef. 7-1-09 thru 12-28-09
SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09
SSP 22-2008(Temp), f. & cert. ef. 10-1-08 thru 3-30-09
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99
AFS 9-1997, f. & cert. ef. 7-1-97
AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97
AFS 27-1996, f. 6-27-96, cert. ef. 7-1-96

Or. Admin. R. 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.

History

Statutory/Other Authority: ORS 411.060 & 412.049
Statutes/Other Implemented: ORS 411.060, 412.049 & 412.084
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99
AFS 27-1996, f. 6-27-96, cert. ef. 7-1-96

Or. Admin. R. 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 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.

(2) When directed by the Department, an adult member or parenting teen in the need group (see OAR 461-110-0630) who is JOBS mandatory (see OAR 461-130-0305), must participate in:

(a) An assessment for substance abuse if:

(A) The individual has self-identified illegal use of a controlled substance ; and

(B) The assessment is available and at no cost to the individual.

(b) Medically appropriate treatment for substance abuse if it is available and at no cost to the individual when:

(A) The individual reports a qualified and appropriate professional has diagnosed the individual with a substance abuse disorder within the previous twelve months; or

(B) An assessment resulted in a diagnosis requiring medically appropriate treatment for the individual to be successful in the workplace.

(3) When directed by the Department, an adult member or parenting teen in the need group (see OAR 461-110-0630) who is JOBS mandatory (see OAR 461-130-0305), must participate in medically appropriate treatment for mental health if it is available and at no cost to the individual when:

(a) The individual reports a qualified and appropriate professional has diagnosed the individual with a mental health disorder within the previous twelve months; or

(b) An evaluation resulted in a mental health diagnosis requiring medically appropriate treatment for the individual to be successful in the workplace.

(4) An individual is responsible for providing information needed by the Department to determine whether the individual had good cause (see OAR 461-130-0327) for failing to meet the requirements of this rule. If a medical condition must be evaluated in regard to the requirements of this rule, the Department will assist the individual in obtaining a medical opinion from a qualified and appropriate medical professional.

(5) An individual who refuses to participate in a required assessment, evaluation, or the medically appropriate treatment required by this rule is subject to disqualification in accordance with this section and OAR 461-130-0330 only after the individual has had an opportunity to participate in the re-engagement process (see OAR 461-190-0231) including a determination by the Department of whether the individual had good cause for non-participation. An individual who is disqualified may end the disqualification by meeting the provisions in OAR 461-135-0089.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.816, 412.006, 412.009, 412.049 & 412.089
Statutes/Other Implemented: ORS 411.060, 411.070, 411.816, 412.006, 412.009, 412.049, 412.089, 45 CFR 261.12, 45 CFR 261.13 & 45 CFR 261.14
SSP 7-2023, amend filed 01/24/2023, effective 02/01/2023
SSP 10-2017, f. 3-24-17, cert. ef. 4-1-17
SSP 35-2016, f. 9-30-16, cert. ef. 10-1-16
SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08
SSP 17-2004, f. & cert. ef. 7-1-04
AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99
AFS 9-1997, f. & cert. ef. 7-1-97
AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97
AFS 36-1996, f. 10-31-96, cert. ef. 11-1-96
AFS 27-1996, f. 6-27-96, cert. ef. 7-1-96

Or. Admin. R. 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 the failure to comply was caused in significant part by circumstances beyond the client’s reasonable control.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060
AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99
AFS 27-1996, f. 6-27-96, cert. ef. 7-1-96

Or. Admin. R. 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 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 .

(2) The JOBS disqualification penalty imposed under OAR 461-135-0085 ends on the last day of the calendar month following the month of closure when TANF program benefits are closed before any provisions in section (1) of this rule are met. (For example, if TANF benefits close the last day of November during an active third level penalty, the third level penalty disqualification will remain until the last day of December.)

(3) When the disqualification penalty is ended under this rule, later disqualifications begin at the first level (see OAR 461-135-0085).

History

Statutory/Other Authority: ORS 411.060, 411.070, 412.006, 412.009 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.070, 412.006, 412.009, 412.049, 412.089, 45 CFR 261.12, 45 CFR 261.13 & 45 CFR 261.14
SSP 7-2023, amend filed 01/24/2023, effective 02/01/2023
SSP 23-2016, f. 6-28-16, cert. ef. 7-1-16
SSP 37-2012, f. 12-28-12, cert. ef. 1-1-13
SSP 35-2011, f. 12-27-11, cert. ef. 1-1-12
SSP 26-2011(Temp), f. 9-30-11, cert. ef. 10-1-11 thru 3-29-12
SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08
AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99
AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97
AFS 27-1996, f. 6-27-96, cert. ef. 7-1-96

Or. Admin. R. 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 (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.

History

Statutory/Other Authority: ORS 411.060, 418.040 & 412.049
Statutes/Other Implemented: ORS 411.060, 418.040 & 412.049
SSP 35-2016, f. 9-30-16, cert. ef. 10-1-16
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08
SSP 17-2004, f. & cert. ef. 7-1-04
AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99
AFS 9-1999, f. & cert. ef. 7-1-99
AFS 8-1998, f. 4-28-98, cert. ef. 5-1-98
AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97
AFS 36-1996, f. 10-31-96, cert. ef. 11-1-96

Or. Admin. R. 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.

History

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
SSP 59-2022, amend filed 12/27/2022, effective 01/01/2023
SSP 7-2022, amend filed 02/03/2022, effective 02/18/2022
SSP 51-2021, temporary amend filed 09/30/2021, effective 10/01/2021 through 03/27/2022
SSP 26-2021, amend filed 03/24/2021, effective 04/01/2021
SSP 41-2020, temporary amend filed 11/30/2020, effective 12/01/2020 through 05/29/2021
SSP 35-2020, adopt filed 09/29/2020, effective 09/30/2020
SSP 28-2020, temporary adopt filed 08/25/2020, effective 09/01/2020 through 09/29/2020
SSP 24-2020, temporary adopt filed 07/27/2020, effective 08/01/2020 through 09/29/2020
SSP 15-2020, temporary adopt filed 06/17/2020, effective 06/17/2020 through 09/29/2020
SSP 7-2020, temporary adopt filed 04/08/2020, effective 04/08/2020 through 09/29/2020
SSP 6-2020, temporary adopt filed 04/03/2020, effective 04/03/2020 through 09/29/2020

Or. Admin. R. 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 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.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060
SSP 17-2004, f. & cert. ef. 7-1-04
AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99
AFS 8-1992, f. & cert. ef. 4-1-92
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 26-1990, f. & cert. ef. 11-29-90
AFS 18-1990(Temp), f. & cert. ef. 7-13-90
AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 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 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.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060
SSP 22-2004, f. & cert. ef. 10-1-04
SSP 12-2004(Temp), f. 4-29-04, cert. ef. 5-1-04 thru 9-30-04
SSP 8-2004, f. & cert. ef. 4-1-04
SSP 30-2003(Temp), f. & cert. ef. 12-1-03 thru 4-30-04
SSP 16-2003, f. & cert. ef. 7-1-03
AFS 23-2002(Temp), f. 12-31-02, cert. ef. 1-1-03 thru 6-30-03

Or. Admin. R. 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, 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.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060
SSP 17-2004, f. & cert. ef. 7-1-04
AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99
AFS 9-1999, f. & cert. ef. 7-1-99
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 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 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.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060
SSP 17-2004, f. & cert. ef. 7-1-04
AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99
AFS 25-1998, f. 12-28-98, cert. ef. 1-1-99
AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 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 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.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060
SSP 17-2004, f. & cert. ef. 7-1-04
AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99
AFS 17-1998, f. & cert. ef. 10-1-98
AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 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 month in which the due date falls.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060
SSP 17-2004, f. & cert. ef. 7-1-04
AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 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 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.

(2) Applicants for the TANF program whose unverified application indicates the individual meets the TANF eligibility requirements participate in the Pre-TANF program. Their applications for the TANF program are also considered applications for the Pre-TANF program. The Pre-TANF program is open for not longer than 30 days following the filing date (see OAR 461-115-0040).

(3) Individuals in the Pre-TANF program are subject to the requirements of the JOBS program, described in divisions 130 and 190 of this chapter of rules, and they are subject to the requirements of OAR 461-135-0085 pertaining to substance abuse and mental health.

(4) During the Pre-TANF program, each caretaker relative authorized to work in the United States in the need group (see OAR 461-110-0630) must complete an employability screening (see OAR 461-135-0485). At least one caretaker relative in the need group must participate in an overview of the JOBS program (see OAR 461-135-0485). If the employability screening indicates there is or may be a barrier , the individual must be offered additional screenings, at no cost to the individual, by a person with relevant expertise or specialized training. When appropriate, per OAR 461-190-0211, the individual and the Department prepare a case plan that lists the activities of the individual and support services (see OAR 461-001-0025) payments if available.

(5) The Department may provide the individual with basic living expenses necessary to stabilize the household so the individual can accomplish the activitiesin the case plan . Basic living expenses covered by this section are limited to the current need of the individual for personal incidentals that the individual cannot meet with other, immediately available resources. Payments under this section are limited to 100 percent of the payment standard in OAR 461-155-0030 for the benefit group (see OAR 461-110-0750). Payment for "past expenses" is made only when the need of the participant cannot be adequately met by a less expensive alternative.

(6) During the Pre-TANF program, an individual may receive support services payments listed in the case plan pursuant to OAR 461-190-0211.

(7) The Pre-TANF program is closed, at any point during the 30 days following the filing date (see OAR 461-115-0040) for TANF program benefits, in any of the following circumstances:

(a) The individual is unlikely to become employed due to the employability of the individual, the circumstances affecting the family, or other causes.

(b) The individual fails without good cause (see OAR 461-130-0327) to comply with a requirement of an employment program or the case plan .

(d) Upon starting a JOBS Plus assignment.

(e) Upon employment and enrollment in Employment Payments (see OAR 461-001-0025) under OAR 461-135-1270.

(8) If Pre-TANF benefits are closed pursuant to subsection (7)(a) or (b) of this rule, TANF benefits may be opened if all TANF eligibility requirements are met.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 412.006 & 412.049
Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 412.006, 412.049, 412.064 & 412.001
SSP 26-2021, amend filed 03/24/2021, effective 04/01/2021
SSP 10-2018, amend filed 03/07/2018, effective 04/01/2018
SSP 22-2017, f. 9-8-17 & cert. ef. 10-1-17
SSP 35-2016, f. 9-30-16, cert. ef. 10-1-16
SSP 15-2016, f. & cert. ef. 4-1-16
SSP 34-2011, f. 12-27-11, cert. ef. 12-29-11
SSP 27-2011(Temp), f. 9-30-11, cert. ef. 10-1-11 thru 12-28-11
SSP 20-2011(Temp), f. & cert. ef. 7-1-11 thru 12-28-11
Reverted to SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 16-2009(Temp), f. & cert. ef. 7-1-09 thru 9-28-09
SSP 6-2009(Temp), f. & cert. ef. 4-1-09 thru 9-28-09
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05
AFS 9-1999, f. & cert. ef. 7-1-99
AFS 2-1999, f. 3-26-99, cert. ef. 4-1-99
AFS 8-1998, f. 4-28-98, cert. ef. 5-1-98
AFS 9-1997, f. & cert. ef. 7-1-97

Or. Admin. R. 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 designated as the employability screening tool for Temporary Assistance for Needy Families (TANF) program eligibility.

(b) "Overview of the JOBS program" means a discussion about the requirements and services provided under the Job Opportunity and Basic Skills (JOBS) program.

(2) To be eligible for Pre-TANF and TANF benefits, the following must be completed prior to the end of the application processing time frames in OAR 461-115-0190:

(a) An employability screening (see section (1) of this rule) must be completed for each caretaker relative (see 461-001-0000) in the need group (see 461-110-0630) who is authorized to work in the United States; and

(b) At least one caretaker relative in the need group , when the need group contains at least one caretaker relative authorized to work in the United States, must participate in an overview of the JOBS program (see section (1) of this rule).

(3) The employability screening and overview of the JOBS program must be offered during the initial eligibility intake for Pre-TANF and TANF program benefits.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 412.006, 412.049 & 412.124
Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 412.006, 412.049, 412.064, 412.124, 45 CFR 261.2, 45 CFR 261.10 & 45 CFR 261.11
SSP 60-2024, amend filed 12/30/2024, effective 01/01/2025
SSP 21-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 13-2018, temporary amend filed 03/27/2018, effective 04/01/2018 through 06/30/2018
SSP 13-2017, f. 6-5-17, cert. ef. 7-1-17
SSP 15-2016, f. & cert. ef. 4-1-16
SSP 35-2011, f. 12-27-11, cert. ef. 1-1-12
SSP 26-2011(Temp), f. 9-30-11, cert. ef. 10-1-11 thru 3-29-12

Or. Admin. R. 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) 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.

History

Statutory/Other Authority: ORS 411.816
Statutes/Other Implemented: ORS 411.816
SSP 13-2017, f. 6-5-17, cert. ef. 7-1-17
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07

Or. Admin. R. 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 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 .

(4) As part of the process for determining eligibility, the household or its authorized representative must be interviewed and must provide information and limited verification as described in section (5) of this rule.

(a) The Department must advise the household orally and in writing about the disposition of its application, its rights and responsibilities, when its emergency certification period ends, and about the regular SNAP program.

(b) The Department must advise the household of the civil and criminal penalties for violations of the Food Stamp Act, and of the fact that the household may be subject to a post-disaster review.

(5) As part of the process for determining eligibility, the household or its authorized representative must provide the following:

(a) Verification of the identity of the applicant;

(b) Verification that at the time of the disaster, the applicant’s residence or workplace was located in the disaster area; and

(c) An estimate of total take-home pay, cash resources, and allowable disaster-related expenses (see OAR 461-135-0493(2)).

(d) Verification of any questionable information when requested by the Department.

History

Statutory/Other Authority: ORS 409.050 & 411.816
Statutes/Other Implemented: ORS 409.010, 411.816 & 7 CFR 280.1
SSP 20-2019, amend filed 09/19/2019, effective 10/01/2019
SSP 35-2018, amend filed 12/04/2018, effective 01/01/2019
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07

Or. Admin. R. 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 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 .

(D) Disaster-related expenses were paid under subsection (2)(b) of this rule.

(2) To be eligible for emergency SNAP assistance during a disaster, the take-home pay of the household for the disaster benefits period authorized by FNS, plus its cash resources (cash on hand and accessible funds in checking and savings accounts), less disaster-related expenses, must be less than or equal to the DSNAP income standard (see OAR 461-155-0180) for the size of the household and the length of the disaster benefit period (see sections (3) and (4) of this rule).

(a) For DSNAP, take-home pay includes all of the following to the extent accessible during the benefit period:

(A) The wages a household actually receives after taxes and other payroll withholdings are taken out.

(B) The assistance payment or other unearned income a household received.

(C) Self-employment income earned after taxes for personal income and social security as well as actual costs of producing the self-employment income are subtracted. Allowable costs of producing the self-employment income are described in OAR 461-145-0920 and 461-145-0930.

(b) For DSNAP, disaster-related expenses include expenses the household has paid or is expected to pay for one of the following expenses during the disaster benefit period authorized by FNS if full reimbursement is not expected during this disaster benefit period. If the household has received or reasonably anticipates receiving a reimbursement for part or all of the expense during the disaster benefit period, only the net expense to the household is deductible. An expense charged to a credit card is not an allowable expense if the credit card bill is paid after the disaster benefit period. No expenses are considered other than the following:

(A) Expenses to repair damages to the home or other property of the household essential to the employment or self-employment of a household member;

(B) Expenses for temporary shelter during evacuation or if the home of the household is not livable or if the household cannot reach its home;

(C) Expenses related to protecting property from disaster damage, including payment for the packing and storage of the items;

(D) Expenses to clean up the home or business following the disaster;

(E) Expenses related to replacing necessary personal and household items, such as clothing, appliances, tools, and educational materials;

(F) Medical expenses for disaster-related injury to a person who was a household member at the time of the disaster (including funeral and burial expenses in the event of death);

(G) Expenses to repair a vehicle damaged in the disaster;

(H) Pet boarding fees when a pet must be placed in boarding due to a disaster; and

(I) Dependent care expenses incurred during the disaster.

(J) Replacing fuel damaged or destroyed by the disaster (including a wood supply used for heat).

(3) The disaster benefit period, including its beginning and end date, is determined by the Food and Nutrition Service to be a full-month period or half-month period.

(4) If the disaster benefit period is a full-month:

(a) For a household not already receiving SNAP benefits:

(A) Income over the full-month period and all accessible resources are counted;

(B) Disaster-related expenses (described in subsection (2)(b) of this rule) paid, or expected to be paid during the full-month period, are deducted;

(D) The benefit amount is equal to the full month DSNAP payment standard monthly amount (see OAR 461-155-0190) .

(b) For a filing group (see OAR 461-110-0370) already receiving SNAP benefits, see OAR 461-135-0494.

(5) If the disaster benefit period is for a half-month:

(a) For a household not already receiving SNAP benefits:

(A) Income over the half-month period and all accessible resources are counted;

(B) Disaster-related expenses (described in subsection (3)(b) of this rule) paid, or expected to be paid during the half-month period, are deducted;

(D) The benefit amount is equal to one-half of the full month DSNAP payment standard monthly amount (see OAR 461-155-0190).

(b) For a filing group already receiving SNAP benefits, see OAR 461-135-0494.

(6) The full amount of accessible cash resources must be counted, regardless of the length of the disaster benefit period.

(7) No DSNAP program benefits are authorized after the expiration of the period for which the Department is authorized by FNS to process and approve applications for this emergency SNAP assistance.

(8) A household determined eligible must receive benefits no later than three days after the date of application. If the third day falls on a weekend or holiday, benefits must be issued on either:

(a) The second day; or

(b) The first day if the second day is also a weekend or holiday.

History

Statutory/Other Authority: ORS 409.050 & 411.816
Statutes/Other Implemented: ORS 409.010, 411.816 & 7 CFR 280.1
SSP 26-2021, amend filed 03/24/2021, effective 04/01/2021
SSP 38-2020, temporary amend filed 10/16/2020, effective 10/16/2020 through 04/13/2021
SSP 1-2020, minor correction filed 01/22/2020, effective 01/22/2020
SSP 20-2019, amend filed 09/19/2019, effective 10/01/2019
SSP 35-2018, amend filed 12/04/2018, effective 01/01/2019
SSP 13-2017, f. 6-5-17, cert. ef. 7-1-17
SSP 23-2008, f. & cert. ef. 10-1-08
Reverted to SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
SSP 13-2007(Temp), f. & cert. ef. 12-17-07 thru 12-31-07
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07

Or. Admin. R. 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.

(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.

(2) Replacement of the value of food purchased with SNAP lost in the disaster is issued to an eligible filing group certified for SNAP benefits prior to the disaster under OAR 461-165-0230.

(a) A SNAP replacement for the value of food lost in a disaster is not a DSNAP benefit.

(b) The value of lost food replaced with a SNAP benefit replacement is not considered a loss of food under OAR 461-135-0493.

History

Statutory/Other Authority: ORS 409.050 & 411.816
Statutes/Other Implemented: ORS 409.010, 411.816 & 7 CFR 280.1
SSP 26-2021, amend filed 03/24/2021, effective 04/01/2021
SSP 38-2020, temporary amend filed 10/16/2020, effective 10/16/2020 through 04/13/2021
SSP 20-2019, amend filed 09/19/2019, effective 10/01/2019
SSP 35-2018, amend filed 12/04/2018, effective 01/01/2019
SSP 23-2008, f. & cert. ef. 10-1-08
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07

Or. Admin. R. 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; 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.

(2) A household applying for recertification must again submit an application (DHS 349) and be interviewed.

History

Statutory/Other Authority: ORS 411.816
Statutes/Other Implemented: ORS 411.816
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07

Or. Admin. R. 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 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).

History

Statutory/Other Authority: ORS 411.816
Statutes/Other Implemented: ORS 411.816
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07

Or. Admin. R. 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 461-195-0621 against any household that received more DSNAP benefits than it was entitled to receive.

History

Statutory/Other Authority: ORS 411.816
Statutes/Other Implemented: ORS 411.816
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07

Or. Admin. R. 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 they receive or are authorized to receive, and qualify for, Temporary Assistance to Needy Families (TANF) cash assistance,

(ii) When they receive or are authorized to receive General Assistance (GA), or

(iii) When they receive or are authorized to receive Supplemental Security Income (SSI).

(B) Under Expanded Categorical Eligibility (ECE) regulations:

(i) When deemed to be receiving SSI under Section 1619(a) or 1619(b) of the Social Security Act (42 U.S.C. 1382h(a) or (b)); or

(ii) When they receive or are authorized to receive cash, in-kind benefits, or services either under Title IV-A of the Social Security Act or by the state as part of the TANF maintenance of effort:

(I) Employment Related Day Care (ERDC) under the Department of Early Learning and Care (DELC); or

(II) TANF-related programs: Pre-TANF, TA-DVS, TANF-JOBS Plus, Housing Stabilization Program through Housing and Community Services, and Employment Payments.

(b) For the purposes of categorical eligibility, every individual filing group (see OAR 461-110-0370) member:

(A) Of ERDC and TA-DVS programs are considered receiving the benefits of the program.

(B) Eligible for transition services or the TA-DVS program is considered receiving benefits for the entire period of eligibility even if benefits are not received during each month of that period.

(A) Those disqualified from receiving SNAP benefits because of an established intentional program violation under OAR 461-195-0611.

(B) The primary person (see OAR 461-001-0015) disqualified from receiving SNAP benefits for failure to comply with a SNAP employment and training requirement under OAR 461-130-0315.

(2) Filing group and categorical eligibility.

(a) Except as provided under subsections (b) and (c) of this section, a filing group is categorically eligible for SNAP benefits:

(A) Under CE when all members of the filing group meet the CE provisions under paragraph (1)(a)(A) of this rule;

(B) Under ECE when one of the following is met:

(i) All members meet the ECE provisions under paragraph (1)(a)(B) of this rule, or

(ii) All members meet either CE or ECE provisions under subsection (1)(a) of this rule with at least one member meeting CE provisions and at least one meeting ECE provisions.

(C) Under Broad-Based Categorical Eligibility (BBCE) when at least one member meets neither CE nor ECE provisions, but the filing group meets all of the following:

(i) Has received, or will receive upon approval, the pamphlet about Information and Referral Services. The receipt of the Information and Referral services pamphlet by one member of the filing group is considered received by the entire group.

(ii) The countable income (see OAR 461-140-0010) is less than 200 percent of the federal poverty level (see OAR 461-155-0180). If there are filing group members who are ineligible or disqualified for SNAP (see OAR 461-160-0410), to determine categorical eligibility, countable income without proration is compared to the federal poverty level for the number in the filing group .

(iii) The filing group has liquid assets from lottery or gambling winnings less than the resource limit listed in OAR 461-160-0015(6)(a). For the purposes of this rule, liquid assets are assets that are easily accessible and do not need to be sold to access their value.

(b) A filing group shall not be categorically eligible for SNAP benefits when a member of the filing group is not categorically eligible.

(c) A filing group that loses SNAP benefit eligibility (see OAR 461-001-0000) due to lottery or gambling winnings (see OAR 461-140-0263) is not eligible for SNAP benefits, or to have SNAP eligibility determined using categorical eligibility, until they meet financial eligibility under the following SNAP financial eligibility resource and income requirements (see OAR 461-160-0400):

(A) Resources must be below the resource limit set under OAR 461-160-0015,

(B) Countable income (see OARs 461-001-0000 and 461-140-0010) must be below the countable income limit set at 130 percent of the federal poverty level under OAR 461-155-0180, except for a financial group (see OAR 461-110-0530) that includes an individual who is elderly (see OAR 461-001-0015) or has a disability (see OAR 461-001-0015), and

(C) Adjusted income (see OAR 461-001-0000) must be below the adjusted income limit set at 100 percent of the federal poverty level under OAR 461-155-0180.

(D) This provision applies to all types of categorical eligibility.

(E) After a filing group regains eligibility for SNAP under this subsection, future eligibility may be determined using categorical eligibility.

(3) When a filing group contains both members who are categorically eligible for SNAP benefits and those who are not, a resource owned in whole or in part by a categorically eligible member is excluded.

(4) Presumed eligibility.

(a) If verified in a public assistance or medical assistance program, an individual found categorically eligible for the SNAP program is presumed to meet the following eligibility requirements, unless questionable:

(A) Social security number,

(B) U.S. Citizenship and Immigration Services sponsorship information, and

(b) A filing group found categorically eligible for the SNAP program is presumed to meet the following financial eligibility resource and income requirements (see OAR 461-160-0400):

(A) Resource limit,

(B) Countable income limit, and

History

Statutory/Other Authority: ORS 411.816
Statutes/Other Implemented: ORS 411.816 & 7 CFR 273.11
SSP 7-2025, minor correction filed 04/08/2025, effective 04/08/2025
SSP 53-2023, amend filed 12/21/2023, effective 01/01/2024
SSP 19-2023, amend filed 06/20/2023, effective 07/01/2023
SSP 35-2022, amend filed 04/28/2022, effective 05/01/2022
SSP 3-2022, temporary amend filed 01/26/2022, effective 01/26/2022 through 07/24/2022
SSP 2-2022, amend filed 01/25/2022, effective 01/26/2022
SSP 82-2021, temporary amend filed 12/29/2021, effective 01/01/2022 through 06/25/2022
SSP 80-2021, temporary amend filed 12/28/2021, effective 12/28/2021 through 06/25/2022
SSP 42-2021, temporary amend filed 07/14/2021, effective 07/14/2021 through 12/27/2021
SSP 36-2021, temporary amend filed 07/01/2021, effective 07/01/2021 through 12/27/2021
SSP 5-2020, amend filed 03/30/2020, effective 04/01/2020
SSP 20-2019, amend filed 09/19/2019, effective 10/01/2019
SSP 34-2017, amend filed 12/18/2017, effective 01/01/2018
SSP 25-2017(Temp), f. 9-15-17, cert. ef. 10-1-17 thru 1-31-18
SSP 9-2014, f. & cert. ef. 4-1-14
SSP 39-2013(Temp), f. 12-31-13, cert. ef. 1-1-14 thru 6-30-14
SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08
SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06
SSP 4-2005, f. & cert. ef. 4-1-05
SSP 16-2003, f. & cert. ef. 7-1-03
SSP 2-2003(Temp), f. & cert. ef. 2-7-03 thru 6-30-03
AFS 9-2001, f. & cert. ef. 6-1-01
AFS 6-2001, f. 3-30-01, cert. ef. 4-1-01
AFS 29-2000(Temp), f. & cert. ef. 12-1-00 thru 3-31-01
AFS 11-1999, f. & cert. ef. 10-1-99
AFS 9-1997, f. & cert. ef. 7-1-97
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 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 the transition period. The transition period is five months. If the filing group (see OAR 461-110-0310 and 461-110-0370) separates into two groups during the TBA period, only the group containing the head of household continues in the TBA.

(2) In the SNAP program, an individual who receives a cash grant from the Department in the State Family Pre-SSI/SSDI (SFPSS) or Temporary Assistance for Needy Families (TANF) programs may participate in TBA when the benefits are stopped, except as provided in section (4) of this rule.

(3) The benefit level for the transition period is based on countable (see OAR 461-001-0000) income for SNAP during the last month before TBA begins, but the Title IV-A grant is not counted as income. Once it is established, the TBA benefit level is changed only when;

(a) The filing group submits a new application in the SNAP program and will receive more SNAP benefits if they are not using the TBA reporting system;

(b) A member of the filing group leaves and applies for SNAP benefits as a member of another household; or

(4) A household may not participate in TBA in each of the following situations:

(a) A member of the filing group is receiving benefits of the TANF program.

(b) The TANF benefits are stopped because the household does not reside in Oregon.

(c) The TANF benefits are stopped because of a change that results in ineligibility for TANF and the household failed to complete a timely report or to complete a required action on time.

(d) As of the date the TANF case closed, an individual in the household was serving a penalty imposed in the TANF program.

(e) The TANF benefits are stopped at the request of the household after the household is informed of an impending disqualification in the TANF program.

(f) The head of household becomes ineligible for the SNAP program because they live in an institution or in a facility that provides at least 50 percent of the meals.

(g) A member of the financial group (see OAR 461-110-0530) is subject to a penalty in the SNAP program because of the individual's conduct, for instance, because the individual:

(A) Was excluded from the need group under OAR 461-110-0630;

(B) Was penalized for failure to meet a requirement of an employment program;

(D) Was ineligible for or disqualified from participation in the SNAP program because of a failure to comply with a requirement of the program to provide complete and accurate information to the Department.

(h) A member of the financial group becomes ineligible for the SNAP program because of the SNAP time limit imposed under OAR 461-135-0520.

(5) Once the TBA benefits have ended, an individual's eligibility for the SNAP program is determined on the basis of a new application.

(6) A filing group loses eligibility for TBA when no longer residing in Oregon under OAR 461-175-0210.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070 & 411.816
Statutes/Other Implemented: ORS 409.050, 411.060, 411.070, 411.816, 411.825 & 411.837
SSP 20-2025, amend filed 09/29/2025, effective 10/01/2025
SSP 34-2017, amend filed 12/18/2017, effective 01/01/2018
SSP 15-2016, f. & cert. ef. 4-1-16
SSP 1-2016(Temp), f. & cert. ef. 1-1-16 thru 6-28-16
SSP 23-2008, f. & cert. ef. 10-1-08
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06
SSP 4-2005, f. & cert. ef. 4-1-05
SSP 13-2003, f. 6-12-03, cert. ef. 6-16-03

Or. Admin. R. 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 rule:

(1) The individual is a resident of federally subsidized housing for the elderly built under either section 202 of the Housing Act of 1959 or section 236 of the National Housing Act.

(2) The individual, and any children also residing with the individual, resides at a facility or treatment center for the purpose of regular participation in a drug and alcohol treatment and rehabilitation program (see OAR 461-001-0015) that meets the following criteria:

(a) The drug and alcohol treatment and rehabilitation program is conducted by a private nonprofit organization or institution, or a publicly operated community mental health center that—

(A) Qualifies under part B of title XIX of the Public Health Service Act to receive funds, even if it does not actually receive funding under part B of title XIX; or

(B) Is authorized as a retailer by the Food and Nutrition Service (FNS).

(b) Residents of a drug and alcohol treatment and rehabilitation program must apply and be certified in accordance with OAR 461-115-0020, through an authorized representative (see OAR 461-115-0090 and OAR 461-115-0145) employed by the facility and designated for that purpose.

(3) The individual is a resident of a group living arrangement (see OAR 461-001-0015) and is blind or disabled (see OAR 461-001-0015).

(4) The individual resides at a public or private nonprofit shelter for homeless persons.

(5) The individual is a temporary resident of domestic violence shelters (see OAR 461-001-0000).

History

Statutory/Other Authority: ORS 411.816
Statutes/Other Implemented: ORS 411.816 & 7 CFR 273.11
SSP 25-2019, amend filed 12/24/2019, effective 01/01/2020
SSP 34-2017, amend filed 12/18/2017, effective 01/01/2018
SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05
AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99
AFS 24-1997, f. 12-31-97, cert. ef. 1-1-98
AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91
AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. 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 definitions apply to rules in OAR chapter 461:

(a) "Able-bodied adult without dependents (ABAWD)" means an individual 18 years of age or over, but under the age of 65, without dependents.

(A) For purposes of this rule, an individual is "without dependents" if there is no child under 14 years of age in the individual’s filing group (see OAR 461-110-0310 and 461-110-0370).

(B) For purposes of this rule, an individual is not “without dependents” when:

(i) A child under 14 years of age has joined the individual’s filing group , has not yet been added to the individual’s SNAP case due to being on another SNAP case, and the child will be added to the individual’s SNAP case when the notice period ends (see OAR 461-175-0050).

(ii) A child under 14 years of age has joined the individual’s filing group , has not yet been added to the individual’s SNAP case due to effective date provisions, and the child under age 14 will be added to the individual’s SNAP case when effective date provisions allow (see OAR 461-180-0010).

(b) "SNAP time-limit areas" means areas of Oregon in which the limitation on eligibility (see OAR 461-001-0000) for SNAP benefits for individuals with an ABAWD status in section 6(o)(2) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(o)(2)) applies. Effective December 1, 2025, "SNAP time-limit areas" are:

(A) All counties of Oregon except the Tribal areas and lands held in trust in subsection (c) of this section.

(B) Tribal areas and lands held in trust of the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw; the Confederated Tribes of Grand Ronde; the Confederated Tribes of the Umatilla Indian Reservation; and the Confederated Tribes of Warm Springs.

(c) "SNAP time-limit exempt areas" means areas of Oregon in which the limitation on eligibility for SNAP benefits contained in section 6(o)(2) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(o)(2)) does not apply per a waiver approved by the United States Department of Agriculture. Effective December 1, 2025, "SNAP time-limit exempt areas" are:Tribal areas and lands held in trust of the Burns Paiute Tribe, the Confederated Tribes of Siletz Indians, the Coquille Indian Tribe, the Cow Creek Band of Umpqua Tribe of Indians and the Klamath Tribes.

(2) Effective January 1, 2025, except as provided otherwise in this rule, an individual with an ABAWD status who resides in one of the SNAP time-limit areas (see section (1)(b) of this rule) is ineligible to receive food benefits as a member of any household after the individual received food benefits for three countable months (see section (3) of this rule) during January 1, 2025 to December 31, 2027.

(3) Effective January 1, 2025, "countable months" means months within the 36-month period of January 1, 2025 to December 31, 2027 in which an individual as a member of any household receives SNAP benefits in Oregon or in any other state, unless at least one of the following applies:

(a) Benefits are prorated for the month.

(b) An individual is exempt from the SNAP time limit for any part of the month for any of the following reasons:

(A) The individual resides for any part of the month in one of the SNAP time-limit exempt areas (see section (1) of this rule).

(B) The individual is pregnant.

(D) The individual meets the definition of Indian, Urban Indian, or California Indian as defined by the Indian Health Care Improvement Act.

(c) The individual participated in one or more of the activities in paragraphs (A) to (D) of this subsection for 20 hours per week averaged over the month. For purposes of this rule, 20 hours per week averaged monthly means 80 hours per month. (Activities may be combined in one month to meet the 20 hours per week averaged monthly requirement.)

(A) Work for pay, in exchange for goods or services, or unpaid work as a volunteer.

(i) Work in exchange for goods and services includes bartering and in-kind work.

(ii) Unpaid or voluntary work hours must be verified by the employer.

(iii) For self-employed individuals, countable income after deducting the costs of producing income (as described in OAR 461-145-0930(4)) must average at least the federal minimum wage multiplied by 20 hours per week.

(B) Participate in a program under the Workforce Investment Act of 1998, Pub. L. No. 105‑220, 112 Stat. 936 (1998).

(C) Participate in a program under section 236 of the Trade Act of 1974, Pub. L. 93‑618, 88 Stat. 2023, (1975) (19 U.S.C. 2296).

(D) Comply with the SNAP Employment and Training program requirements described in OAR 461-001-0020, 461-130-0305, and 461-130-0315. Work search activities must be combined with other work-related activities to equal 20 hours per week and may not exceed 9 hours per week.

(d) The individual complied with the Workfare requirements in OAR 461-190-0500, or a comparable program.

(4) To remove a countable month , an individual must report they were exempt or submit evidence to the Department they met the 80 hour activity requirement.

(5) An individual with an ABAWD status who is ineligible under section (2) of this rule but otherwise eligible may regain eligibility if the requirements of subsections (a) or (b) of this section are met.

(a) The individual becomes exempt under subsection (3)(b) of this rule. Eligibility regained under this subsection begins on the date the individual files a new application and continues as long as the individual is exempt and is otherwise eligible. If not eligible on the filing date (see OAR 461-115-0040), eligibility begins the date all other eligibility requirements are met.

(b) The individual, during a consecutive 30-day period during which the individual is not receiving SNAP benefits, meets the requirements of subsection (3)(c) or (3)(d) of this rule.

(A) Eligibility regained under this subsection begins on the date the individual files a new application and continues as long as the individual meets the requirements of subsection (3)(c) or (3)(d) of this rule and is otherwise eligible. If not eligible on the filing date , eligibility begins the date all other eligibility requirements are met.

(B) There is no limit to how many times an individual may regain eligibility under this subsection during January 1, 2025 to December 31, 2027.

(c) See OAR 461-180-0010 to add an individual to an open SNAP case after the individual has regained eligibility under this section.

(6) An individual who regains eligibility under section (5) of this rule and later fails to comply with the participation requirements of subsection (3)(c) or (3)(d) of this rule may receive benefits for an additional three consecutive countable months. The countable months are determined as follows:

(a) If the individual stopped participation in a work program, countable months start when the Department notifies the individual they are no longer meeting the work requirement.

(b) If the individual stopped participation in a work program, countable months start when the individual notifies the Department they are no longer meeting the work requirement.

(c) If a change occurred which results in an individual becoming subject to the time limit in section (2) of this rule and the change was required to be reported under rules in OAR chapter 461, division 170, the countable months start when the change occurred.

(d) If a change occurred which results in an individual becoming subject to the time limit and the change was not required to be reported under rules in OAR chapter 461, division 170, countable months start when the Department obtains current information about the individual and determines if they meet any exemptions under subsection (3)(c) of this rule.

(e) An individual may only receive benefits without meeting the requirements of subsection (3)(c) or (3)(d) of this rule for no more than a total of six countable months during January 1, 2025 to December 31, 2027.

(7) The Department is authorizing the use of discretionary exemptions, granted by the Food and Nutrition Service, for individuals with an ABAWD status who are at risk of having their benefits closed or reduced. Under these special exemptions, individuals will be eligible to receive a discretionary exemption each month.

(a) Effective September 1, 2025, a discretionary exemption shall be issued for each month an individual meets one of the following:

(A) The individual resides in an area offering ABAWD support services but is not eligible for those support services due to lacking USCIS work authorization (also called employment authorization).

(B)The individual is a resource parent (see OAR 413-015-0115) choosing not to apply for SNAP benefits for a foster child in their care and household group (see OAR 461-110-0210).

(b) Effective February 1, 2026, a discretionary exemption shall be issued each month the individual resides in the following SNAP time-limit areas that do not offer ABAWD support services: Crook, Gilliam, Jefferson, Lake, Morrow, Sherman, and Wheeler counties.

(A) A discretionary exemption is only valid for one month at a time.

(B) A discretionary exemption may not be granted for a previous month.

(C) The Department will not disqualify an individual with an ABAWD status from the SNAP program for non-participation when they have been issued a discretionary exemption for the following month.

(8) An individual with an ABAWD status is eligible for the following:

(a) A transportation payment to attend an initial in-person ABAWD orientation.

(b) Support payments necessary for completing the activities listed in the individual's case plan (see OAR 461-001-0020) and as allowed under OAR 461-190-0360.

(9) SNAP eligibility provisions in sections (1) and (3) of this rule implement section 10102 of Pub. L. 119-21, 139 Stat. 72 (2025), and are applied to existing SNAP cases as follows:

(a) For a benefit group whose SNAP eligibility is based on an application with a filing date of July 4, 2025, or after, the Department shall redetermine SNAP eligibility to apply the provisions of this rule.

(10) See OAR 461-135-0665 for SNAP eligibility provisions and effective dates that implement section 10102 of Pub. L. 119-21, 139 Stat. 72 (2025) in this rule for the time period October 1, 2025, through January 31, 2026.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.121 & 411.816
Statutes/Other Implemented: 7 USC 2015, 7 USC 2029, 7 CFR 273.7, 7 CFR 273.24, ORS 409.010, 409.050, 411.060, 411.070, 411.121, 411.816, 411.825, 411.837, 419B.550 & Financial Responsibility Act, H.R. 3746, 118th Congress (2023)
SSP 20-2026, amend filed 03/19/2026, effective 04/01/2026
SSP 3-2026, temporary amend filed 01/21/2026, effective 02/01/2026 through 05/29/2026
SSP 26-2025, temporary amend filed 12/01/2025, effective 12/01/2025 through 05/29/2026
SSP 20-2025, amend filed 09/29/2025, effective 10/01/2025
SSP 13-2025, temporary amend filed 06/26/2025, effective 07/01/2025 through 12/27/2025
SSP 54-2024, amend filed 09/27/2024, effective 10/01/2024
SSP 53-2023, amend filed 12/21/2023, effective 01/01/2024
SSP 45-2023, temporary amend filed 09/19/2023, effective 09/19/2023 through 01/02/2024
SSP 27-2023, minor correction filed 07/18/2023, effective 07/18/2023
SSP 22-2023, amend filed 06/26/2023, effective 07/01/2023
SSP 59-2022, amend filed 12/27/2022, effective 01/01/2023
SSP 43-2022, temporary amend filed 08/18/2022, effective 08/18/2022 through 02/13/2023
SSP 7-2022, amend filed 02/03/2022, effective 02/18/2022
SSP 76-2021, temporary amend filed 12/20/2021, effective 01/01/2022 through 03/27/2022
SSP 51-2021, temporary amend filed 09/30/2021, effective 10/01/2021 through 03/27/2022
SSP 26-2021, amend filed 03/24/2021, effective 04/01/2021
SSP 1-2021, temporary amend filed 01/22/2021, effective 01/25/2021 through 07/23/2021
SSP 25-2019, amend filed 12/24/2019, effective 01/01/2020
SSP 21-2019, temporary amend filed 09/30/2019, effective 10/01/2019 through 12/31/2019
SSP 11-2019, temporary amend filed 04/01/2019, effective 04/01/2019 through 09/26/2019
SSP 7-2019, amend filed 03/11/2019, effective 04/01/2019
SSP 37-2018, temporary amend filed 12/07/2018, effective 01/01/2019 through 03/31/2019
SSP 24-2018, temporary amend filed 06/28/2018, effective 07/01/2018 through 09/30/2018
SSP 14-2018, temporary amend filed 03/28/2018, effective 04/01/2018 through 04/30/2018
SSP 6-2018, temporary amend filed 01/30/2018, effective 02/01/2018 through 02/28/2018
SSP 34-2017, amend filed 12/18/2017, effective 01/01/2018
SSP 25-2017(Temp), f. 9-15-17, cert. ef. 10-1-17 thru 1-31-18
SSP 45-2016, f. 12-20-16, cert. ef. 1-1-17
SSP 38-2016(Temp), f. & cert. ef. 10-19-16 thru 4-16-17
SSP 35-2016, f. 9-30-16, cert. ef. 10-1-16
Reverted to SSP 15-2016, f. & cert. ef. 4-1-16
SSP 18-2016(Temp), f. 4-29-16, cert. ef. 5-1-16 thru 6-30-16
SSP 16-2016(Temp), f. & cert. ef. 4-5-16 thru 4-30-16
SSP 15-2016, f. & cert. ef. 4-1-16
SSP 10-2016(Temp), f. & cert. ef. 3-2-16 thru 8-2-16
SSP 6-2016(Temp), f. & cert. ef. 2-5-16 thru 8-2-16
SSP 37-2015, f. 12-23-15, cert. ef. 1-1-16
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
AFS 13-2002, f. & cert. ef. 10-1-02
AFS 8-2002, f. & cert. ef. 5-1-02
AFS 8-2001, f. & cert. ef. 5-1-01
AFS 34-2000, f. 12-22-00, cert. ef. 1-1-01
AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00
AFS 12-2000(Temp), f. 5-1-00, cert. ef. 5-1-00 thru 9-30-00
AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99
AFS 22-1998, f. 10-30-98, cert. ef. 11-1-98
AFS 17-1998, f. & cert. ef. 10-1-98
AFS 15-1998(Temp), f. 9-15-98, cert. ef. 10-1-98 thru 10-31-98
AFS 8-1998, f. 4-28-98, cert. ef. 5-1-98
AFS 6-1998(Temp), f. 3-30-98, cert. ef. 4-1-98 thru 5-31-98
AFS 24-1997, f. 12-31-97, cert. ef. 1-1-98
AFS 19-1997, f. & cert. ef. 10-1-97
AFS 5-1997, f. 4-30-97, cert. ef. 5-1-97
AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97
AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97
AFS 39-1996(Temp), f. 11-27-96, cert. ef. 12-1-96

Or. Admin. R. 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 of work to below 30, is ineligible for SNAP benefits.

(2) For purposes of this rule, an individual quits a job upon quitting a job of at least 30 hours a week or the equivalent of 30 hours a week multiplied by the federal minimum wage.

(3) The period of ineligibility is determined as follows. If the filing date falls within the 30-day period following a job quit or work reduction described in sections (1) and (2) of this rule, the person who quit the job or reduced work hours will be ineligible during the month in which the filing date falls and for the appropriate disqualification of one, three or six calendar months (see OAR 461-130-0330).

History

Statutory/Other Authority: ORS 411.816
Statutes/Other Implemented: ORS 411.816
SSP 23-2016, f. 6-28-16, cert. ef. 7-1-16
SSP 14-2016(Temp), f. 3-24-16, cert. ef. 4-1-16 thru 9-27-16
AFS 13-2002, f. & cert. ef. 10-1-02
AFS 19-2001, f. 8-31-01, cert. ef. 9-1-01
AFS 10-2001(Temp), f. 6-29-01, cert. ef. 7-1-01 thru 10-1-01

Or. Admin. R. 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 boarding house is defined in 7 CFR 273.1 as a commercial establishment that offers meals and lodging for compensation with the intent of making a profit. The definition does not include federally subsidized housing for the elderly, alcohol or drug treatment centers, group homes, battered persons shelters, or homeless shelters.

(2) Residents of AFC facilities not licensed by the State are not eligible for SNAP benefits. Residents of AFC facilities licensed by the state must apply with their caregiver to be eligible for SNAP benefits, as required by OAR 461-110-0370.

History

Statutory/Other Authority: ORS 411.816
Statutes/Other Implemented: ORS 411.816
SSP 7-2003, f. & cert. ef. 4-1-03
AFS 9-2001, f. & cert. ef. 6-1-01
AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99
AFS 23-1995, f. 9-20-95, cert. ef. 10-1-95
AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 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 violation of parole, probation, or post-prison supervision.

(2) An individual is considered a fleeing felon when a law enforcement officer acting in their official capacity presents a warrant conforming to one of the following National Crime Information Uniform Offense Classification (NCIC) Codes:

(a) Escape (4901),

(b) Flight to Avoid (prosecution, confinement, etc.) (4902), or

(3) An individual is considered in violation of parole, probation, or post-prison supervision if the Department receives a report of this violation from a local, state, or federal corrections agency or court responsible for supervision of the individual and the law enforcement agency is actively seeking the individual.

(4) For purposes of this rule, “actively seeking” is defined as one of the following:

(a) A Federal, State, or local law enforcement agency presents a felony arrest warrant conforming to one of the NCIC codes in section 2 of this rule; or

(b) A court, Federal, State, or local law enforcement agency intends to arrest an individual for a parole or probation violation within:

(A) 20 days from the date the Department was notified of the parole or probation violation, or

(B) 30 days from the date the Department requests information from the law enforcement agency verifying that they intend to arrest the individual.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.816 & 412.049
Statutes/Other Implemented: ORS 409.010, 411.060, 411.816, 412.049, 7 CFR 272.1 & 7 CFR 273.11
SSP 22-2020, amend filed 07/08/2020, effective 07/08/2020
SSP 35-2018, amend filed 12/04/2018, effective 01/01/2019
SSP 10-2017, f. 3-24-17, cert. ef. 4-1-17
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06

Or. Admin. R. 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 school diploma is required for the program. However, GED, ABE, ESL and high school equivalency programs at those institutions are not considered higher education.

(b) Vocational, technical, business, and trade schools that normally require a high school diploma or equivalency certificate for enrollment in the curriculum or in a particular program at the institution. However, programs at those institutions that do not require the diploma or certificate are not considered higher education.

(2) Except to the extent provided otherwise in section (4) of this rule, an individual is considered a "student of higher education" if all of the following subsections apply:

(a) The individual is attending higher education (see section (1) of this rule) at least half time or more as determined by the school.

(b) The individual is 18 years of age or older, but under 50 years of age.

(3) To be eligible for SNAP benefits, a student of higher education (see section (2) of this rule) must meet the requirements of one of the following subsections:

(a) The student of higher education is:

(A) A paid employee (see OAR 461-001-0015) working an average of 20 hours or more per week; or

(B) Self-employed for a minimum of 20 hours per week and receives weekly earnings at least equal to the federal minimum wage multiplied by 20 hours.

(b) The student of higher education is participating in a state or federally funded work study program during the regular school year. To qualify under this subsection:

(A) The student of higher education must be approved for state or federally funded work study at the time of application for SNAP.

(B) The work study must be approved for the school term.

(D) The period of eligibility for a student of higher education eligible under this subsection:

(i) Begins with the month in which the school term begins or with the month that work study is approved, whichever is later.

(ii) Continues until the end of the month in which the school term ends, or it becomes known that the student of higher education has refused an assignment.

(iii) Continues through breaks of less than a month. For breaks of a month or longer, eligibility continues only if the student of higher education participates in a work study job during the break.

(c) The student of higher education is responsible for the care of a child in the filing group (see OAR 461-110-0370), and one of the following conditions is met:

(A) The child is--

(i) Under six years of age; or

(ii) Six years of age or older, but under the age of 12 years, and adequate child care is not available to enable the student to both attend class and meet the requirements of section (3)(a) or (3)(b) of this rule.

(B) The student of higher education is enrolled full time in higher education and is a single parent (meaning there is only one parent in the filing group) or a single adult who has parental control, with the responsibility of caring for a child under 12 years of age.

(d) The student of higher education is in a TANF benefit group (see OAR 461-110-0750).

(e) The student of higher education is physically or mentally unfit for employment.

(f) The student of higher education is receiving Unemployment Compensation (UC).

(g) The student of higher education is enrolled in higher education to receive training and skills for employment as defined below:

(A) Job training classes under the Workforce Innovation & Opportunity Act of 2014 (Pub. L. 113-128).

(B) Participation in the higher education component of the JOBS program.

(D) Enrolled in an employment and training program or course of study that leads to employment. To qualify under this paragraph, the employment and training program or course of study must be of undergraduate or lower level and designed to be completed in not more than four years .

(E) Participating in at least one of the following training programs:

(i) The Trade Readjustment Allowance (TRA) program serving displaced workers under the Trade Act.

(ii) The Training Unemployment Insurance (TUI) program.

(iii) The Self-Employment Assistance (SEA) program.

(iv) The Apprenticeship Program (APT).

(4) An individual's status as a student of higher education continues during school vacation and breaks. An individual is no longer considered a student of higher education when the individual:

(a) Graduates.

(b) Drops out.

(d) Reduces credit hours to less than half time.

(e) Is suspended or expelled.

(f) Does not intend to register for the next school term (excluding summer term).

(5) A student of higher education residing in a dormitory or other living situation with a meal plan that is intended to provide more than 50 percent of the student’s three daily, or 21 weekly, meals is ineligible for SNAP program benefits.

History

Statutory/Other Authority: ORS 409.050 & 411.816
Statutes/Other Implemented: ORS 409.010, 411.816, 411.825, 7 USC 2015, 7 CFR 273.5, ORS 411.806, ORS 411.811, 411.813, 411.827, 411.830, 411.837, 411.840, 411.845 & SB 609 2023 Regular Session
SSP 53-2023, amend filed 12/21/2023, effective 01/01/2024
SSP 39-2023, temporary amend filed 07/25/2023, effective 07/25/2023 through 01/20/2024
SSP 20-2019, amend filed 09/19/2019, effective 10/01/2019
SSP 19-2019, temporary amend filed 07/30/2019, effective 07/30/2019 through 09/30/2019
SSP 32-2018, amend filed 11/26/2018, effective 12/01/2018
SSP 23-2018, temporary amend filed 06/26/2018, effective 07/01/2018 through 12/27/2018
SSP 34-2017, amend filed 12/18/2017, effective 01/01/2018
SSP 24-2013, f. & cert. ef. 10-1-13
SSP 10-2013(Temp), f. & cert. ef. 5-1-13 thru 10-28-13
SSP 25-2011, f. 9-30-11, cert. ef. 10-1-11
SSP 18-2010, f. & cert. ef. 7-1-10
SSP 6-2010(Temp), f. & cert. ef. 4-1-10 thru 8-4-10
SSP 5-2010, f. & cert. ef. 4-1-10
SSP 2-2010(Temp), f. & cert. ef. 2-5-10 thru 8-4-10
SSP 17-2008, f. & cert. ef. 7-1-08
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06
SSP 7-2005, f. & cert. ef. 7-1-05
SSP 4-2005, f. & cert. ef. 4-1-05
SSP 23-2003, f. & cert. ef. 10-1-03
AFS 10-2002, f. & cert. ef. 7-1-02
AFS 3-2002(Temp), f. 2-26-02, cert. ef. 3-1-02 thru 6-30-02
AFS 9-2001, f. & cert. ef. 6-1-01
AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99
AFS 41-1995, f. 12-26-95, cert. ef. 1-1-96
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 1-1993, f. & cert. ef. 2-1-93
AFS 8-1992, f. & cert. ef. 4-1-92
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 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 filing group (see OAR 461-110-0370) applies for SNAP benefits before the end of their current certification. If a filing group meets the expedited services criteria and the Department determines the filing group is eligible for SNAP benefits, the filing group qualifies to receive benefits within seven days following the filing date.

(3) The filing group meets expedited services criteria if the filing group:

(a) Has countable income less than $150 a month and liquid resources that do not exceed $100;

(b) Has gross income and liquid resources that total less than the total monthly rent, or mortgage, and utilities of the household; or

(c) Is a "destitute household." To be a destitute household, the filing group must include a migrant or seasonal farmworker and meet one of the following:

(A) The only income received during the month in which the filing date falls was received prior to the filing date and was from a terminated source. Income is considered from a “terminated source” when:

(i) Received on a monthly or more frequent basis and will not be received again from the same source during the month of the filing date or in the following month; or

(ii) Received as periodic income (see OAR 461-001-0000), and the income is not anticipated to be received during the month in which the next payment would normally be received.

(B) The only income received during the month in which the filing date falls will be received from a new source and income of more than $25 from that source is not anticipated to be received by the 10th day following the filing date. Income is considered from a “new source” when $25 or less has been received from that source during the 30 days prior to the filing date.

(C) The only income of the filing group is from a terminated source received prior to the filing date, a new source received after the filing date, and income from the new source of more than $25 is not anticipated to be received by the 10th day following the filing date.

(4) There is no limit to the number of times a benefit group (see OAR 461-110-0750) may receive expedited services. However, all eligibility factors from the last expedited issuance must be verified or the benefit group must have been certified under normal processing standards since the last expedited certification before the client is eligible to receive expedited services again.

(5) An eligibility process interview for an expedited services client is conducted in accordance with OAR 461-115-0690.

(6) The application processing timeframe for an expedited services client is determined under OAR 461-115-0210.

(7) Application information for an expedited services client is verified as required under OAR 461-115-0690.

History

Statutory/Other Authority: ORS 411.060 & 411.816
Statutes/Other Implemented: ORS 411.060, 411.816 & 7 CFR 273.10
SSP 5-2020, amend filed 03/30/2020, effective 04/01/2020
SSP 5-2010, f. & cert. ef. 4-1-10
AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99
AFS 8-1998, f. 4-28-98, cert. ef. 5-1-98
AFS 6-1998(Temp), f. 3-30-98, cert. ef. 4-1-98 thru 5-31-98
AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97
AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97
AFS 32-1996(Temp), f. & cert. ef. 9-23-96
AFS 13-1995, f. 6-29-95, cert. ef. 7-1-95
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 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 over.

(2) Housebound people.

(3) People who have physical or other disabilities which prevent them from adequately preparing their meals.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99
AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97
AFS 13-1995, f. 6-29-95, cert. ef. 7-1-95
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 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 Department of Agriculture for that purpose.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060
AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99
AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97
AFS 13-1995, f. 6-29-95, cert. ef. 7-1-95
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 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 homeless individuals.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060
AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99
AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97
AFS 13-1995, f. 6-29-95, cert. ef. 7-1-95
AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 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.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.121, 411.816 & ORS 409.050
Statutes/Other Implemented: ORS 409.010, ORS 411.060, 411.070, 411.121, 411.816, 411.825, 411.837 & ORS 409.050
SSP 20-2026, amend filed 03/19/2026, effective 04/01/2026
SSP 59-2022, amend filed 12/27/2022, effective 01/01/2023
SSP 49-2022, temporary amend filed 09/27/2022, effective 09/27/2022 through 02/20/2023
SSP 47-2022, amend filed 09/20/2022, effective 09/27/2022
SSP 44-2022, temporary amend filed 08/25/2022, effective 08/25/2022 through 09/27/2022
SSP 33-2022, temporary amend filed 03/31/2022, effective 04/01/2022 through 09/27/2022
SSP 7-2022, amend filed 02/03/2022, effective 02/18/2022
SSP 75-2021, temporary amend filed 12/16/2021, effective 12/16/2021 through 06/13/2022
SSP 48-2021, amend filed 09/23/2021, effective 09/28/2021
SSP 31-2021, temporary amend filed 05/14/2021, effective 05/14/2021 through 09/28/2021
SSP 30-2021, temporary amend filed 04/02/2021, effective 04/02/2021 through 09/28/2021
SSP 26-2021, amend filed 03/24/2021, effective 04/01/2021
SSP 39-2020, temporary amend filed 10/22/2020, effective 10/22/2020 through 04/19/2021
SSP 36-2020, adopt filed 10/01/2020, effective 10/01/2020
SSP 25-2020, temporary adopt filed 07/28/2020, effective 07/28/2020 through 10/11/2020
SSP 17-2020, temporary adopt filed 06/17/2020, effective 06/17/2020 through 10/11/2020
SSP 10-2020, temporary adopt filed 04/17/2020, effective 04/17/2020 through 10/11/2020

Or. Admin. R. 461-135-0665 SNAP; Federal Changes

This rule applies to the Supplemental Nutrition Assistance Program and is reserved for use for federal changes.

History

Statutory/Other Authority: ORS 409.050, ORS 411.060, ORS 411.070, ORS 411.121 & ORS 411.816
Statutes/Other Implemented: ORS 409.050, ORS 411.060, ORS 411.070, ORS 411.121, ORS 411.816, ORS 409.010, ORS 411.825 & ORS 411.837
SSP 22-2026, adopt filed 03/19/2026, effective 03/19/2026
SSP 4-2026, temporary adopt filed 01/21/2026, effective 02/01/2026 through 03/29/2026
SSP 23-2025, temporary adopt filed 10/01/2025, effective 10/01/2025 through 03/29/2026

Or. Admin. R. 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 provides the Department with verification, under OAR 461-115-0700, that they are required to leave their place of residence within the upcoming 90 days. If the individual is not able to provide documentary verification, the Department will accept, on a case-by-case basis, self-attestation under the following circumstances:

(A) Documentation does not exist at application; or

(B) Documentation is not reasonably available at application, such as in the case of homelessness, domestic violence, or natural disaster.

(A) A supervised shelter that provides temporary accommodations.

(B) A halfway house or residence for individuals who may become institutionalized.

(D) A place not designed to be or ordinarily used as a place for individuals to sleep, such as a hallway, bus station, or similar place.

(E) A place lacking consistent and operational access to essential utilities.

(F) A temporary accommodation rented or leased by another person or entity, on behalf of the individual, for 90 or fewer days.

(2) To be eligible for General Assistance (GA), an individual must meet all of the following requirements:

(a) The individual must be 18 years of age or older.

(b) The individual must be an individual whose housing circumstances qualify as homeless (see section (1) of this rule).

(c) The individual may not be in the same OSIPM household group (see OAR 461-110-0210) with their child (see OAR 461-001-0000).

(d) The individual may not be receiving TANF benefits.

(e) The individual must be eligible for and receiving OSIPM with a basis of need established under OAR 461-125-0370(1)(c).

(f) The individual may not be in a nonstandard living arrangement (see OAR 461-001-0000) other than at home receiving in-home services (see OAR 411-030-0020).

(g) The individual must file a Supplemental Security Income (SSI) claim for benefits. The Department considers an SSI claim for benefits “filed” when all of the following criteria are met:

(A) An application form designated by the Social Security Administration (SSA) to pursue an SSI claim for benefits is filled out.

(B) The application is submitted to the SSA or to another Federal office, State office, or person authorized to receive applications on behalf of the SSA.

(C) The Department receives verification the individual’s application for SSI claim for benefits has been received by the SSA.

(h) The individual must actively pursue the SSI claim for benefits, including:

(A) Cooperate with the Department in applying to the SSA for SSI;

(B) Appeal all denials of SSI made prior to a decision or recommended decision issued by an administrative law judge at the hearing level; and

(i) The individual must meet the non-financial, non-disability requirements for SSI.

(j) The individual must complete and sign an interim assistance agreement authorizing the Department to recover interim GA benefits paid to the client (or paid to providers on the client's behalf) from the initial SSI payment or initial post-eligibility payment. The SSA must also receive the interim assistance agreement. The following provisions are considered part of the interim assistance agreement:

(A) Interim GA benefits include only those GA cash benefits paid during the period of time that the SSI benefit covers.

(B) For any month in which SSI is prorated, the Department may recover only a prorated amount of the interim GA cash benefit.

(C) If the Department is unable to stop delivery of a GA benefit issued after the SSI payment is made, the GA payment will be included in the interim assistance to be reimbursed to the Department.

(3) Financial Eligibility.

(a) The OSIPM income and resource methodology are used to determine financial eligibility for the GA program, with the following asset limitations:

(A) Individuals must have an adjusted income (see OAR 461-001-0000) below the amount listed under section (3) of OAR 461-155-0250.

(B) Individuals must meet the countable (see OAR 461-001-0000) resource limit under subsection (2)(a) of OAR 461-160-0015.

(b) The GA benefit amount is determined according to OAR 461-155-0210 and 461-160-0500.

(4) If the Department determines that the individual no longer has an impairment that meets the criteria in OAR 461-125-0370, the individual is ineligible for GA.

(5) An individual found by the SSA not to meet disability criteria at the initial or reconsideration level may continue receiving GA benefits until a decision or a recommended decision is issued by an SSA administrative law judge at the hearing level, pursuant to 20 CFR §416.1453.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.710, OL 2016 ch 93, 20 CFR 416.310 & 20 CFR 416.1453
SSP 42-2023, minor correction filed 08/17/2023, effective 08/17/2023
SSP 50-2022, amend filed 09/30/2022, effective 10/01/2022
SSP 42-2022, temporary amend filed 07/18/2022, effective 07/18/2022 through 01/13/2023
SSP 40-2022, amend filed 06/29/2022, effective 07/01/2022
SSP 45-2020, amend filed 12/22/2020, effective 01/01/2021
SSP 33-2016, f. 9-30-16, cert. ef. 10-1-16
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 17-2004, f. & cert. ef. 7-1-04
SSP 11-2004(Temp), f. & cert. ef. 4-15-04 thru 6-30-04
SSP 6-2004, f. & cert. ef. 4-1-04
SSP 36-2003(Temp), f. 12-31-03 cert. ef. 1-1-04 thru 3-31-04
SSP 29-2003(Temp), f. 10-31-03, cert. ef. 11-1-03 thru 3-31-04
AFS 13-2002, f. & cert. ef. 10-1-02
AFS 10-2002, f. & cert. ef. 7-1-02
AFS 5-2000, f. 2-29-00, cert. ef. 3-1-00
AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99
AFS 19-1997, f. & cert. ef. 10-1-97
AFS 9-1997, f. & cert. ef. 7-1-97
AFS 4-1997(Temp), f. 4-30-97, cert. ef. 5-1-97
AFS 13-1995, f. 6-29-95, cert. ef. 7-1-95
AFS 6-1994, f. & cert. ef. 4-1-94
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 20-1991, f. & cert. ef. 10-1-91
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 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) Effective September 30, 2005, all persons eligible for or receiving benefits of the GA or GAM programs became ineligible for these programs. Except as provided in sections (4) and (5) of this rule, the Department did not authorize or provide any benefit under the GA or GAM programs after September 30, 2005.

(3) Effective October 1, 2005, all GA recipients who received medical assistance through the OSIPM program continued to receive OHP Plus benefits through the OSIPM program until they became otherwise ineligible.

(4) Effective October 1, 2005, all recipients of medical assistance through the GAM program who became ineligible for GAM on September 30, 2005 because of the closure of the GAM program received OHP benefits as follows:

(a) Clients who had been determined to meet the eligibility (see OAR 461-001-0000) requirements of the OSIPM program (see OAR 461-125-0370 and the OSIPM eligibility requirements in OAR 461 Division 135) received the OHP Plus benefits package (see OAR 410-120-1210(2)(a)).

(b) Clients may have also received the OHP Plus benefits package for the period that;

(A) The Department had not previously made a determination about whether the client met the disability requirements for OSIPM under OAR 461-125-0370 and the OSIPM eligibility requirements in OAR 461 Division 135; and

(B) A determination was still pending about whether the client met the disability requirements for OSIPM under OAR 461-125-0370 and the OSIPM eligibility requirements in OAR 461 Division 135.

(c) Clients who did not qualify for the OHP Plus benefits may have been eligible for the OHP-OPU program under the eligibility requirements set out in OAR 461 Division 135, and if eligible, received the OHP Standard benefits package (see OAR 410-120-1210(2)(b)).

(5) Effective July 1, 2016, the GA program was restarted as provided in Oregon Laws 2016, chapter 93 and current eligibility rules.

(6) The GA program reinstated on July 1, 2016 is limited to 200 individuals per month.

(a) When the GA program reaches the limit of 200 individuals per month receiving benefits, the Department will place any individual referred for GA on a reservation list.

(b) When a slot becomes available, the Department will determine eligibility for the individual with the earliest date of request (see OAR 461-115-0030) and, if eligible, that individual will begin receiving benefits. When more than one individual has the same date of request, the Department will select from those individuals based on the time the referral was received by the Collaborative Disability Determination Unit (CDDU).

History

Statutory/Other Authority: ORS 409.050 & 411.060
Statutes/Other Implemented: ORS 411.010, 411.060, 411.710, 411.730 & 411.740, OL 2016 & ch 93
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 18-2005, f. 12-30-05, cert. ef. 1-1-06
SSP 12-2005(Temp), f. & cert. ef. 9-20-05 thru 2-25-06
SSP 10-2005(Temp), f. & cert. ef. 8-29-05 thru 2-25-06
SSP 6-2004, f. & cert. ef. 4-1-04
SSP 29-2003(Temp), f. 10-31-03, cert. ef. 11-1-03 thru 3-31-04
SSP 12-2003, f. 5-29-03, cert. ef. 6-1-03
AFS 21-2002(Temp), f. & cert. ef. 12-30-02 thru 6-27-03

Or. Admin. R. 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) for an individual who meets both of the following:

(a) Meets the applicable disability or impairment criteria.

(b) Is not eligible for Supplemental Security Income (SSI).

(2) A plan for self-support allows an individidual to retain a portion of their non-excluded assets for a specific period of time to meet a specific occupational goal. The plan may provide for specialized or advanced education or training for individuals with a severe disability.

(3) To be approved, a plan for self-support must meet all of the following criteria:

(a) The plan must be in writing and approved by the Department.

(b) The plan must identify a realistic occupational goal, considering the individual's physical limitations and capabilities.

(c) The goal of the plan must be to provide the individual with income necessary to meet his or her needs, not just for improving potential earning capability or increasing self-sufficiency within the home.

(d) Resources designated to support the plan must be kept in a separate bank account with a specific savings or planned disbursement goal for using the resources. Previously commingled funds must be put in a separate bank account in order for them to be considered designated for the plan.

(e) The duration of the plan must be limited to the time necessary to complete the plan but cannot exceed 36 months plus an additional 12 months if necessary for completion of education or training.

(4) An individual must do all of the following to comply with a plan for self-support:

(a) Report any changes in circumstances that require a change to the current plan.

(b) Follow through with the plan without any break in excess of the longer of the following:

(A) Normal vacations from school or training.

(B) Three months, unless the reasons are beyond their control.

(5) If an individual fails to comply with the requirements of section (4) of this rule, program eligibility is redetermined without the resource exclusions allowed by OAR 461-145-0405.

(6) The individual and the Department may revise a plan for self-support or may agree to a new plan. To be new, the plan must not have any relationship to the old plan. When a plan is revised or a new plan established:

(a) Resources designated to support the old plan may become a part of the revised or new plan.

(b) If changes are made to the amount of resources to support the plan, eligibility and the payment amount for program benefits are redetermined.

(c) If the duration of the revised plan in addition to the months the old plan was in effect exceeds the time limits in subsection (3)(e) of this rule, approval is limited to the remainder of the maximum period only.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060
SSP 19-2026, amend filed 03/19/2026, effective 04/01/2026
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
Renumbered from 461-140-0440, SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
AFS 10-2002, f. & cert. ef. 7-1-02
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
Repealed by SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
AFS 10-2002, f. & cert. ef. 7-1-02
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 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) Have adjusted income (see OAR 461-001-0000) below the limit provided in OAR 461-155-0250(5).

(c) Have employment as defined in OAR 461-001-0035. Once found eligible, an individual remains eligible under this subsection for the OSIPM-EPD program while not working if the employer treats the individual as an employee, such as when the individual is absent from the job under the provisions of the Family Medical Leave Act.

(d) Not be assumed eligible for OSIPM, as defined in OAR 461-135-0010(2).

(e) Except for those in a nonstandard living arrangement (see OAR 461-001-0000), not meet one of the following:

(A) The income requirements for OSIPM under section (3) of OAR 461-155-0250.

(B) The resource limits for OSIPM under section (2)(a) of OAR 461-160-0015.

(2) If an OSIPM-EPD participant becomes unemployed and meets all financial and non-financial eligibility requirements for OSIPM except for resources, the individual may retain eligibility for OSIPM-EPD for up to 12 months in order to spend down to the OSIPM resource limit. The individual must continue to meet all financial and nonfinancial eligibility factors for OSIPM-EPD except employment . The 12-month period begins the first of the month following the loss of employment.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.404, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.010, 411.060 & 411.404
SSP 6-2025, minor correction filed 04/08/2025, effective 04/08/2025
SSP 48-2023, minor correction filed 11/14/2023, effective 11/14/2023
SSP 50-2022, amend filed 09/30/2022, effective 10/01/2022
SSP 6-2019, minor correction filed 03/11/2019, effective 03/11/2019
SSP 28-2018, amend filed 09/06/2018, effective 10/01/2018
SSP 14-2007, f. 12-31-07, cert. ef. 1-1-08
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05
SSP 17-2003, f. & cert. ef. 7-1-03
SSP 10-2003(Temp), f. & cert. ef. 5-1-03 thru 9-30-03
AFS 17-2000, f. 6-28-00, cert. ef. 7-1-00
AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99
AFS 7-1999, f. 4-27-99, cert. ef. 5-1-99
AFS 1-1999(Temp), f. & cert. ef. 2-1-99 thru 7-31-99

Or. Admin. R. 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.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060
SSP 7-2021, minor correction filed 02/18/2021, effective 02/18/2021
SSP 26-2013, f. & cert. ef. 10-1-13
SSP 17-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13
AFS 11-2001, f. 6-29-01, cert. ef. 7-1-01

Or. Admin. R. 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 Section 1818A of the Social Security Act (42 USC 1395i-2a). This is an individual under age 65 who has lost eligibility for Social Security Disability Insurance (SSDI) benefits because the individual has become substantially gainfully employed but can continue to receive Part A of Medicare by paying a premium.

(b) A QDWI recipient is eligible only for payment of premiums for Part A of Medicare. If the individual is eligible for any other medical assistance program the individual is not eligible for QDWI.

(2) The following requirements apply to the Qualifying Individual (QI) program:

(a) To qualify for QI, an individual must be receiving Medicare hospital insurance under Part A. This includes an individual who must pay a monthly premium to receive coverage.

(b) An individual who is otherwise eligible for another Medicaid program offered by the Department or the Oregon Health Authority is not eligible for QI.

(d) The QI program is subject to an enrollment cap based on the federal allocation. If the enrollment in this program exceeds the federal allocation, the program may be closed.

(3) The following requirements apply to the Qualified Medicare Beneficiary (QMB) program:

(a) To qualify for QMB, an individual must be receiving Medicare hospital insurance under Part A. This includes an individual who must pay a monthly premium to receive coverage.

(b) The QMB program benefits are limited to payments toward Medicare cost-sharing expenses. These expenses include the following:

(A) Medicare Part A and Part B premiums.

(B) Medicare Part A and Part B deductibles, co-pays, and coinsurance up to the Department's fee schedule.

(4) The following requirements apply to the Specified Low-Income Medicare Beneficiary (SLMB) program:

(a) To qualify for SLMB, an individual must be receiving Medicare hospital insurance under Part A. This includes an individual who must pay a monthly premium to receive coverage.

(b) The SLMB program benefit is limited to payment of Medicare Part B premiums.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060
SSP 19-2026, amend filed 03/19/2026, effective 04/01/2026
SSP 44-2016, f. 12-7-16, cert. ef. 1-1-17
SSP 5-2010, f. & cert. ef. 4-1-10
SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09
Reverted to SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
SSP 19-2008(Temp), f. & cert. ef. 8-8-08 thru 12-28-08
SSP 15-2008(Temp), f. & cert. ef. 7-1-08 thru 12-28-08
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06
SSP 3-2006(Temp), f. & cert. ef. 2-6-06 thru 6-30-06
SSP 17-2004, f. & cert. ef. 7-1-04
SSP 9-2004(Temp), f. & cert. ef. 4-1-04 thru 6-30-04
SSP 8-2004, f. & cert. ef. 4-1-04
SSP 33-2003, f. 12-31-03, cert. ef. 1-4-04
AFS 22-2002, f. 12-31-02, cert. ef. 1-1-03
AFS 19-2002(Temp), f. 12-10-02, cert. ef. 1-1-03 thru 5-31-03
AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99
AFS 24-1997, f. 12-31-97, cert. ef. 1-1-98
AFS 35-1992, f. 12-31-92, cert. ef. 1-1-93
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 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 requirements for OSIPM.

(2) Individuals are considered in their own household group (see OAR 461-110-0210) and filing group (see OAR 461-110-0410).

(3) The financial group (see OAR 461-110-0530) consists only of the individual applying for benefits, except that the spouse (see OAR 461-001-0000) is included in the financial group to determine initial eligibility as follows:

(a) At initial eligibility, the resources of the spouse are considered and the provisions of OAR 461-160-0580 apply.

(b) The income of the spouse is not considered in determining initial eligibility, and the spouse is not included in any other eligibility group.

(4) The individual must have countable (see OAR 461-001-0000) income at or below 300 percent of the full Supplemental Security Income (SSI) standard or have established a qualifying trust as specified in OAR 461-145-0540(9)(c).

(5) The individual is subject to the home equity limits as described in section (2) of OAR 461-145-0220.

(6) The individual must require a continuous period of care (see OAR 461-001-0030).

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 411.404, 413.085 & 414.685
SSP 41-2024, amend filed 06/20/2024, effective 07/01/2024
SSP 35-2023, minor correction filed 07/18/2023, effective 07/18/2023
SSP 23-2017, f. 9-11-17, cert. ef. 10-1-17
SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09
SSP 10-2007, f. & cert. ef. 10-1-07

Or. Admin. R. 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 subject to the OSIPM income limit specified in OAR 461-155-0250(2):

(1) The individual meets at least one of the following eligibility standards:

(a) The criteria in OAR 411-015-0100 (except subsection (1)(b)) regarding eligibility for nursing facility care or home and community-based care (see OAR 461-001-0030).

(b) The level-of-need criteria for an ICF-ID.

(c) The service eligibility standards for the CIIS (Children's Intensive In-Home Services) programs in OAR 411-300-0100 to 411-300-0220.

(2) The individual resides in or will reside in one of the following locations for a continuous period of care (see OAR 461-001-0030) and is applying for or receiving long-term care services authorized by the Department:

(a) A Medicaid-certified nursing facility.

(b) An intermediate care facility for individuals with intellectual disabilities (ICF-ID).

(3) For an individual who resides or will reside in a home and community-based care setting, the individual receives Title 1915(c) waivered services.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.010, 411.060, 411.070 & 411.404
SSP 15-2019, amend filed 06/11/2019, effective 07/01/2019
SSP 23-2017, f. 9-11-17, cert. ef. 10-1-17
SSP 13-2016, f. 3-21-16, cert. ef. 4-1-16
SSP 32-2015(Temp), f. & cert. ef. 12-15-15 thru 6-11-16
SSP 9-2014, f. & cert. ef. 4-1-14
SSP 26-2013, f. & cert. ef. 10-1-13
SSP 17-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13
SSP 17-2008, f. & cert. ef. 7-1-08
SSP 10-2008(Temp), f. & cert. ef. 4-7-08 thru 9-30-08
SSP 10-2007, f. & cert. ef. 10-1-07
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06
SSP 17-2004, f. & cert. ef. 7-1-04
AFS 11-2001, f. 6-29-01, cert. ef. 7-1-01
AFS 7-1999, f. 4-27-99, cert. ef. 5-1-99
AFS 1-1999(Temp), f. & cert. ef. 2-1-99 thru 7-31-99
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 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 assessed by an Independent and Qualified Agent (IQA) and determined eligible to receive 1915(i) Home and Community-Based Services (HCBS) as specified in OAR 410-173-0010.

(2) The individual meets one of the following:

(a) Resides or will reside in a 24-hour behavioral health residential care setting. For purposes of this rule, only the following types of treatment centers qualify as a 24-hour behavioral health residential care setting:

(A) A behavioral health adult foster home.

(B) A behavioral health residential treatment home.

(b) The individual will receive 1915(i) HCBS services in their own home.

(3) The individual is not assumed eligible for OSIPM under OAR 461-135-0010, and does not meet the income requirements for OSIPM for those in a standard living arrangement (see OAR 461-001-0000) under section (3) of OAR 461-155-0250.

(4) The individual is age 21 or older.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.404, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.010, 411.060 & 411.404
SSP 5-2022, amend filed 02/02/2022, effective 02/02/2022
SSP 77-2021, temporary amend filed 12/20/2021, effective 01/01/2022 through 06/29/2022
SSP 28-2018, amend filed 09/06/2018, effective 10/01/2018
SSP 22-2018, adopt filed 06/05/2018, effective 07/01/2018

Or. Admin. R. 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 individual is the essential spouse of someone eligible for OSIPM under section (1) of this rule. An essential spouse is one who lives in the same household and provides a service that otherwise would have to be provided by some other means.

(3) An individual eligible for OSIPM under this rule is considered eligible continuously since December 1973.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060
SSP 29-2022, amend filed 02/24/2022, effective 03/01/2022
SSP 79-2021, temporary amend filed 12/22/2021, effective 01/01/2022 through 06/29/2022
AFS 6-2001, f. 3-30-01, cert. ef. 4-1-01

Or. Admin. R. 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 meets all of the following requirements:

(a) Is receiving SSB;

(b) Was eligible for and receiving Supplemental Security Income (SSI) or state supplements but became ineligible for those payments after April 1977; and

(c) Would be eligible for SSI or state supplement if the SSB Cost-of-Living Adjustments (COLA) increases paid under section 215(i) of the Social Security Act, after the last month the individual was both eligible for and received SSI or a supplement and was entitled to SSB, were deducted from current SSB.

(2) The SSB amount received by the individual when the individual became ineligible for SSI or OSIP is used as the individual's countable SSB income, for the purposes of the Pickle Amendment. If the spouse (see OAR 461-001-0000) of the individual also had Social Security benefits at the time the individual lost SSI benefits, SSB amount at that time of the spouse is considered the countable income of the spouse . If the amount cannot be determined using the information provided by the Social Security Administration (SSA), it is calculated in accordance with section (3) of this rule.

(3) The Department determines the month in which the individual was entitled to SSB and received SSI in the same month. The Department uses the table in section (4) of this rule to find the percentage that applies to that month. The Department multiplies the present amount of the SSB of the individual by the applicable percentage. If the spouse of the individual also had SSB at the time the individual lost SSI benefits, the Department adjusts the SSB of the spouse using the same multiplier that was used for the individual’s calculation under this section. This amount, rounded down to the next lower whole dollar, is the individual's countable SSB income.

(4) The following guide contains the calculations used to determine the SSB for prior years (the Department uses this table only if the prior year's amount using information provided by SSA):

History

Statutory/Other Authority: 411.060, 411.070, 411.083, 411.404, ORS 409.050, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 411.083, 411.404, 411.704, 413.085, 414.685, 42 CFR 435.135 & P.L. 92-336
SSP 29-2025, amend filed 12/29/2025, effective 01/01/2026
SSP 61-2024, amend filed 12/30/2024, effective 01/01/2025
SSP 52-2023, amend filed 12/18/2023, effective 01/01/2024
SSP 58-2022, amend filed 12/22/2022, effective 01/01/2023
SSP 5-2022, amend filed 02/02/2022, effective 02/02/2022
SSP 77-2021, temporary amend filed 12/20/2021, effective 01/01/2022 through 06/29/2022
SSP 45-2020, amend filed 12/22/2020, effective 01/01/2021
SSP 26-2019, amend filed 12/27/2019, effective 01/01/2020
SSP 18-2019, temporary amend filed 07/23/2019, effective 07/23/2019 through 12/31/2019
SSP 34-2018, amend filed 12/04/2018, effective 01/01/2019
SSP 11-2018, amend filed 03/09/2018, effective 04/01/2018
SSP 4-2018, temporary amend filed 01/04/2018, effective 01/04/2018 through 03/31/2018
SSP 33-2017, amend filed 12/08/2017, effective 01/01/2018
SSP 23-2017, f. 9-11-17, cert. ef. 10-1-17
SSP 44-2016, f. 12-7-16, cert. ef. 1-1-17
SSP 5-2016, f. & cert. ef. 2-3-16
SSP 4-2015, f. & cert. ef. 1-1-15
SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 8-2013, f. & cert. ef. 4-1-13
SSP 39-2012(Temp), f. 12-28-12, cert. ef. 1-1-13 thru 6-30-13
SSP 35-2011, f. 12-27-11, cert. ef. 1-1-12
SSP 41-2010, f. 12-30-10, cert. ef. 1-1-11
SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09
SSP 17-2008, f. & cert. ef. 7-1-08
SSP 14-2007, f. 12-31-07, cert. ef. 1-1-08
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06
SSP 4-2005, f. & cert. ef. 4-1-05
SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05
SSP 17-2004, f. & cert. ef. 7-1-04
SSP 33-2003, f. 12-31-03, cert. ef. 1-4-04
SSP 23-2003, f. & cert. ef. 10-1-03
SSP 14-2003(Temp), f. & cert. ef. 6-18-03 thru 9-30-03
AFS 6-2001, f. 3-30-01, cert. ef. 4-1-01
AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00
AFS 24-1997, f. 12-31-97, cert. ef. 1-1-98
AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97
AFS 41-1995, f. 12-26-95, cert. ef. 1-1-96
AFS 29-1994, f. 12-29-94, cert. ef. 1-1-95
AFS 29-1993, f. 12-30-93, cert. ef. 1-1-94
AFS 35-1992, f. 12-31-92, cert. ef. 1-1-93
AFS 25-1991, f. 12-30-91, cert. ef. 1-1-92
AFS 30, f. 12-31-90, cert. ef. 1-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 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 eligibility criteria used in December 1973 for a person living in an institution; and

(2) The client needs institutional care.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060
AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 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 to receive SSB in August 1972 and received benefits under OSIPM or a state program for the aged, blind or disabled, or were eligible for such a program; or

(2) The client would have been eligible for SSB if he or she had not resided in a medical facility.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060
AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 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) Is not entitled to premium-free Medicare Part A.

(2) Received SSI the month before their Title II payments began.

(3) Would continue to be eligible for SSI benefits in the absence of their Title II benefits.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060
SSP 44-2016, f. 12-7-16, cert. ef. 1-1-17
AFS 12-2001, f. 6-29-01, cert. ef. 7-1-01
AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99
AFS 6-1994, f. & cert. ef. 4-1-94
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 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 the individual became blind or a person with a disability (as defined by SSA) before reaching the age of 22.

(3) The individual lost SSI benefits on or after July 1, 1987 because the individual became eligible for Social Security benefits from a parent’s Social Security benefit as a result of a parent’s retirement, death, or disability, or because of an increase in such benefits.

(4) The individual would continue to be eligible for SSI in the absence of the Social Security Disabled Adult Child benefit or increases to that benefit. The amount of the individual’s countable (see OAR 461-001-0000) income is determined as follows:

(a) For an individual who loses SSI as a result of receiving an initial award of Title II Disabled Adult Child benefits, the original Title II Disabled Adult Child benefit amount, including any subsequent COLAs, that creates ineligibility for SSI is excluded.

(b) For an individual who received both SSI and Title II Disabled Adult Child benefits and who lost SSI as a result of receiving an increase in Title II Disabled Adult Child benefits, the disregard is determined as follows:

(A) For individuals who received a non-COLA-related increase to Title II Disabled Adult Child benefits that created ineligibility for SSI, the amount of the increase, and any subsequent COLAs, are excluded and the amount received prior to the increase is used as the countable income amount.

(B) For an individual who lost SSI due to an annual Title II COLA, all COLAs received since the last month that the individual was eligible for and received both Title II Disabled Adult Child and SSI benefits are excluded.

(5) An individual receiving Title II Disabled Adult Child benefits must meet the OSIPM resource limit and all other non-financial eligibility requirements.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.404, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.010, 411.060, 411.404 & 42 USC 1383c
SSP 11-2018, amend filed 03/09/2018, effective 04/01/2018
SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06
SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06
SSP 33-2003, f. 12-31-03, cert. ef. 1-4-04
AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99
AFS 15-1996, f. 4-29-96, cert. ef. 5-1-96
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 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 ascribed to them herein; provided, however, as used in these rules, any term has the same meaning as when used in a comparable context in the laws of the United States in effect on June 1, 1996, relating to the recovery of medical assistance paid by a state pursuant to 42 USC 1396 et. seq. relating to Grants to States for Medical Assistance Programs, unless a different meaning is clearly required or the term is specifically defined herein. The Department applies the definitions and procedures set forth in these rules to recoveries and claims made pursuant to ORS 411.708, 411.795, 416.310, 416.340, and 416.350.

(1) "Assets" means all income and resources of an individual, including any income or resources that an individual is entitled to at the time of death, including any income or resources to which the individual is entitled, but does not receive, because of action: by the individual; the individual's spouse (see OAR 461-001-0000); by a person, including a court or administrative body with legal authority to act in place of or on behalf of the individual; or by any person, including any court or administrative body, acting at the direction or upon the request of the individual.

(2) "Assign" means a person who acquires an interest in real or personal property or an asset pursuant to a written or oral assignment of such real or personal property or asset from a person with the legal right to assign it.

(3) "Assistance" means general assistance and public assistance as defined in ORS 411.010 and medical assistance as defined in ORS 414.025.

(4) "Bona fide purchaser for value" means any person who provides consideration, including money or property, to a seller or transferor of real property or personal property equal to the fair market value of the real or personal property sold or transferred.

(5) "Child under age 21" means the deceased recipient's natural or adopted son or daughter who is under 21 years of age throughout the time the Department seeks to enforce its claim.

(6) "Child with a disability" means the deceased recipient's natural or adopted son or daughter of any age, who meets SSI disability criteria throughout the time the Department seeks to enforce its claim, and who presents evidence to the Department substantiating the disability within two years after the Department initially asserts its claim.

(7) "Child with a visual impairment" means the deceased recipient's natural or adopted son or daughter, of any age, who, within two years after the Department initially asserts its claim, substantiates blindness throughout the time the Department seeks to enforce its claim by presenting evidence of:

(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; or

(8) "Consideration furnished test" means the method by which the ownership of real or personal property is traced to its economic origin. The fractional share of the property considered owned by a co-owner shall be that fractional share to have originally belonged to or to be attributable to the monetary consideration furnished by the co-owner. The fractional share is based on the proportion the original ownership share or monetary consideration bore to the acquisition cost and, if applicable, capital additions for the property. The fractional share is not based on the dollar amount of contribution compared to the current market value of the property. For example, if one co-owner contributed $2,500 and the other $7,500 to the purchase price of a $10,000 property in 1960; in 1995, the property is appraised at $50,000. The co-owner who contributed $2,500 is considered to own 25% of the property in 1995.

(9) "Convincing evidence" includes, but is not limited to:

(a) Recorded documents of title.

(b) Unrecorded documents of title executed contemporaneously with the transaction or transfer at issue.

(d) Records of banking, financial or other similar institutions.

(e) Written receipts, bills of sale or other writings or documents executed contemporaneously with the transaction or transfer at issue.

(f) Such other reliable, probative evidence, including oral, of a similar nature and authenticity that accurately reflects the true facts of the transaction or transfer at issue.

(10) "Date of request" means the date an individual or someone authorized on behalf of the individual contacts the Department or uses another appropriate method to request benefits (see OAR 461-115-0150). The request may be oral or in writing. It starts the application process.

(11) "Department" means the Department of Human Services, the Oregon Health Authority, or both.

(12) "Estate" means with respect to the collection of payments made for medical assistance provided on or after July 18, 1995 all real property, personal property, or other assets, wherever located, in which a recipient had any legal title or ownership or beneficial interest at the time of death, including real property, personal property, or other assets conveyed by the recipient to, subsequently acquired by, or traceable to, a person, including the recipient's spouse and any successor-in-interest to the recipient's spouse, through:

(a) Tenancy by the entirety;

(b) Joint tenancy;

(d) Not as tenants in common, but with the right of survivorship;

(e) Life estate;

(f) Transfer on death deed;

(g) Living trust;

(h) Annuity purchased on or after April 1, 2001; or

(i) Other similar arrangement.

(13) “General Assistance” means “general assistance” as defined in ORS 411.010.

(14) "Heir" means any individual, including the surviving spouse, who is entitled under intestate succession to the real property, personal property, and assets of a decedent who died wholly or partially intestate.

(15) "Interest" means any form of legal, beneficial, equitable or ownership interest.

(16) "Interspousal transfer" means any transfer, or chain of transfers, that effectively transfers title or control of an asset, or an interest in an asset, from one spouse to another, including: direct transfers between spouses, transfers from one or both spouses to a trust, and transfers from one trust to another trust.

(17) "Intestate" means one who dies without leaving a valid will, or the circumstance of dying without leaving a valid will, effectively disposing of all of a decedent's estate.

(18) "Intestate succession" means succession to real property, personal property or assets of a decedent who dies intestate or partially intestate.

(19) "Joint tenancy" means ownership of property held under circumstances that entitle one or more owners to the whole of the property on the death of the other owner(s), including, but not limited to, joint tenants with right of survivorship and tenants by the entirety.

(20) "Legal title" means legal ownership by a person.

(21) "Life estate" means an interest in real or personal property that terminates upon the death of a measuring life.

(22) "Living trust" means a revocable or irrevocable inter vivos trust funded with assets to which the recipient is legally entitled.

(23) "Medical Assistance" (MA) is defined in ORS 414.025 and incorporated by this reference.

(24) "Medical institution" means a facility that provides care and services equivalent to those received in a nursing facility. "Medical institution" does not apply to home and community-based care (see OAR 461-001-0030), in-home services, adult foster home (AFH) care, residential care facility (RCF) services, or assisted living facility (ALF) care.

(25) "Medicare cost sharing" means medical assistance funds used to pay Medicare premiums, coinsurance, copayments and deductibles.

(26) "Ownership documents" mean any applicable documents, certificates or written evidence of title or ownership such as, but not limited to, recorded deeds, stock certificates, certificates of title, bills of sale, or other similar documents evidencing ownership or legal title held by a person.

(27) "Permanently institutionalized"means an individual, regardless of age, who, at the time of his or her death, had resided in a nursing facility, intermediate care facility for individuals with intellectual disabilities, or other medical institution, for 180 days or more.

(28) "Person" means any individual, corporation, association, firm, partnership, trust, estate or other form of entity.

(29) "Personal property" means all tangible and intangible personal property wherever located, including, but not limited to, chattels and movables, boats, vehicles, furniture, personal effects, livestock, tools, farming implements, cash, currency, negotiable papers, securities, contracts, and contract rights.

(30) "Probate estate" means all real property, personal property, or other assets included in a decedent's estate as it is defined by applicable state probate law.

(31) "Real property" means all land wherever situated, including improvements and fixtures thereon, and every estate, Interest, and right, whether legal or equitable, therein including, but not limited to, fee simple, terms for years, life estates, leasehold interests, condominiums or time share properties. "Real property" includes property conveyed by the individual to, subsequently acquired by, or traceable to, a person, including the individual's surviving spouse and any successor-in-interest to the individual's surviving spouse, if the "real property" may be included in the individual's, or the individual's surviving spouse's, estate, as defined in this rule.

(32) "Recipient of property" means:

(a) Any survivor, heir, assign, devisee under a will, beneficiary of a trust, transferee or other person to whom real property, personal property or other assets pass upon the death of the decedent either by law, intestate succession, contract, will, trust instrument or otherwise; and

(b) Any subsequent transferee of such real property, personal property, or asset, or proceeds from the sale thereof, through any form of conveyance, that is not a bona fide purchaser for value.

(33) "Registered Domestic Partner" means an individual joined in a domestic partnership as defined in ORS 106.310.

(34) "Survivor" means any person who, as a co-tenant, is automatically entitled to an expanded share of real or personal property upon the death of a fellow co-tenant.

(35) "Survivorship" means an interest in real or personal property that expires upon the death of an individual whereby the Interest of the individual's co-owners automatically expands to the same extent without necessity for any act of transfer or distribution.

(36) "Tenancy in common" means ownership of real or personal property by an individual together with one or more other persons which ownership interest shall not pass by survivorship upon the death of the individual.

(37) "Time of death" means the instant of death, the time and date of which shall be established in the place of the decedent's residence; in no case shall time of death be construed to mean a time after which an interest in real or personal property or other assets may:

(a) Pass by survivorship or other operation of law due to the death of the decedent; or

(b) Terminate by reason of the decedent's death.

(38) "Transfer on death deed" has the meaning set out in ORS 93.949.

(39) "Value" means the fair market value. Fair market value is the price at which real or personal property would change hands between a willing buyer and a willing seller. In the event the real or personal property was not reported to the Department by the deceased Medicaid recipient, the "value" would be established based on its fair market value at the time of discovery.

History

Statutory/Other Authority: ORS 410.075, 411.060, 411.070, 413.042, 416.340, 416.350 & 2013 OL 14 Sec. 10
Statutes/Other Implemented: ORS 93.969, 410.070, 410.075, 411.010, 411.060, 411.708, 411.795, 416.310, 416.340, 416.350 & 2013 OL 14 Sec. 10
SSP 21-2021, minor correction filed 02/24/2021, effective 02/24/2021
SSP 45-2020, amend filed 12/22/2020, effective 01/01/2021
SSP 14-2017, f. 6-5-17, cert. ef. 7-1-17
SSP 2-2017(Temp), f. & cert. ef. 2-13-17 thru 8-11-17
SSP 15-2014, f. & cert. ef. 7-1-14
SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 26-2013, f. & cert. ef. 10-1-13
SSP 17-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13
SSP 35-2011, f. 12-27-11, cert. ef. 1-1-12
SSP 5-2010, f. & cert. ef. 4-1-10
SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09
SSP 16-2008, f. 7-1-08, cert. ef. 10-1-08
SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06
SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05
SSP 33-2003, f. 12-31-03, cert. ef. 1-4-04
SSP 16-2003, f. & cert. ef. 7-1-03
AFS 10-2002, f. & cert. ef. 7-1-02
AFS 5-2002, f. & cert. ef. 4-1-02
AFS 22-2001, f. & cert. ef. 10-1-01
AFS 6-2001, f. 3-30-01, cert. ef. 4-1-01
AFS 30-2000, f. & cert. ef. 12-1-00
AFS 29-1996, f. & cert. ef. 8-28-96

Or. Admin. R. 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 of the remains will be done in accord with applicable laws and regulations.

(2) For individuals dying on or after January 1, 2025, where the Department of Human Services is a claimant in their estate and where there would be insufficient assets remaining after any funeral costs to satisfy the Department's claim in full, not more than $6,000 in estate assets, less any prearranged funeral trust, funds set aside for burial, life insurance policies specifically identified to pay for funeral expenses, or burial insurance, may be expended for funeral expenses and disposition of the remains of the decedent.

(3) In instances where a pre-paid funeral plan is sought to be changed for a Medicaid client after their death, and pre-paid funeral funds are refunded, it is the responsibility of the funeral home and the recipient(s) of the funds to inform, in writing, the Department of Human Services, Estate Administration Unit, PO Box 14021, Salem, OR 97309-5024, of any refund within 30 days of such action. Any monies refunded after the client has died are an estate asset and subject to the claims of creditors.

(4) The following items are not considered professional services or merchandise and will not be allowable in meeting the plain and decent funeral standard: Transportation of the remains beyond the state of Oregon; and donations to charities in the decedent's name. The aforementioned costs are not all-inclusive and other similar charges may be denied.

History

Statutory/Other Authority: ORS 410.070, 411.060, 411.070 & 414.106
Statutes/Other Implemented: ORS 411.620, 411.630, 411.708, 411.795, 414.105, 416.310 & 416.340
SSP 61-2024, amend filed 12/30/2024, effective 01/01/2025
Renumbered from 461-006-0452, SSP 8-2008, f. & cert. ef. 4-1-08
AFS 22-2002, f. 12-31-02, cert. ef. 1-1-03
AFS 9-1999, f. & cert. ef. 7-1-99
AFS 25-1994, f. & cert. ef. 11-1-94
AFS 78-1985, f & cert. ef. 12-9-85
AFS 43-1983(Temp), f. & cert. ef. 7-1-85

Or. Admin. R. 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 notice to the Estate Administration Unit, Office of Payment Accuracy and Recovery, Oregon Department of Human Services using one of the methods in section (5) of this rule.

(2) A person required by ORS 114.456 to send information to Oregon Department of Human Services or Oregon Health Authority must send or deliver the notice to the Estate Administration Unit, Office of Payment Accuracy and Recovery, Oregon Department of Human Services using one of the methods in section (5) of this rule. Notices under this section (2) must also include a copy of the decedent’s long form death record, with cause of death.

(3) If a claim submitted by the Estate Administration Unit is disallowed, the notice of the disallowance, required by ORS 114.540, 115.135, or 130.400, shall be mailed to the Estate Administration Unit at the address in section (5)(a) of this rule, unless the claim directs that the notice of disallowance be mailed to a person or entity other than the Estate Administration Unit.

(4) A trustee of a trust established under 42 USC § 1396p(d)(4) shall send or deliver notice of any termination of the trust or account in a master trust by one of the methods in section (5) of this rule.

(5) Notices under this rule may be sent to the to the Estate Administration Unit, Office of Payment Accuracy and Recovery, Oregon Department of Human Services, as follows:

(a) The mailing address for the Estate Administration Unit is: Estate Administration Unit, PO Box 14021, Salem OR 97309-5024.

(b) The facsimile number for the Estate Administration Unit is: (503)-378-3137.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 413.085 & 414.685
Statutes/Other Implemented: ORS 93.268, 113.145, 114.525, 115.003, 115.135, 116.093, 130.370, 130.400, 409.010, 411.708, 411.795, 416.350, 42 USC 1396p, 113.038 & 114.456
SSP 21-2023, amend filed 06/22/2023, effective 07/01/2023
SSP 8-2019, amend filed 03/13/2019, effective 04/01/2019
SSP 28-2016, f. & cert. ef. 8-1-16
SSP 15-2015, f. 3-30-15, cert. ef. 4-1-15
SSP 22-2004, f. & cert. ef. 10-1-04
AFS 5-2002, f. & cert. ef. 4-1-02

Or. Admin. R. 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 Assistant Manager of the Estate Administration Unit, Estate Administrators, Assistant Estate Administrators, and Accounts Receivable Specialist are authorized to present, file, and resolve claims for the Estate Administration Unit. The Manager or Assistant Manager may designate other individuals to present, file, or resolve claims. This rule sets out some of these claims.

(2) For the Oregon Supplemental Income Program (OSIP) (see OAR 461-101-0010):

(a) The amount of any payments or benefits, including an overpayment (see OAR 461-195-0501), are a claim against the probate estate (see OAR 461-135-0832) of any deceased recipient.

(b) The claim for correctly paid payments or benefits under OSIP are deferred until the death of the spouse (see OAR 461-001-0000) or registered domestic partner (see OAR 461-135-0832), if any, of the deceased recipient.

(c) If the deceased recipient has no probate estate , the enforcement of the claim has been deferred, or there are insufficient resources in the probate estate to pay the claim in full, the probate estate of the spouse or registered domestic partner of the deceased recipient, if any, is charged for any payments or benefits paid under OSIP to the deceased recipient, the spouse , or registered domestic partner .

(d) A claim for correctly paid payments or benefits under OSIP is deferred until the time that there is no c hild under age 21 (see OAR 461-135-0832), child with a disability (see OAR 461-135-0832), or child with a visual impairment (see OAR 461-135-0832).

(e) Transfers of real or personal property without adequate consideration, by recipients of payments or benefits under OSIP, are voidable and may be set aside under ORS 411.620.

(f) Except when there is a surviving spouse or registered domestic partner , or a surviving child under age 21 , a child with a disability , or a child with a visual impairment , the amount of any payments or benefits provided is a claim against the estate (see OAR 461-135-0832) in any conservatorship proceedings and may be paid pursuant to ORS 125.495.

(3) For General Assistance (see OAR 461-135-0832):

(a) The amounts of any payments or benefits, including overpayments, are a claim against the probate estate of any deceased recipient. The amount includes the state’s monthly contribution, paid prior to January 1, 2014, to the federal government for the recipient’s Medicare Part D prescription drug coverage. Effective July 1, 2016, any correctly paid benefits under Oregon Laws 2016, chapter 93, section 1 are excluded, except than an overpayment of benefits under Oregon Laws 2016, chapter 93, section 1 is included in a claim against the probate estate .

(b) The claim for correctly paid payments or benefits under the General Assistance program is deferred until the death of the spouse or registered domestic partner , if any, of the deceased recipient.

(c) If the deceased recipient has no probate estate , the enforcement of the claim has been deferred, or there are insufficient resources in the probate estate to pay the claim in full, then the probate estate of the spouse or registered domestic partner of the deceased recipient, if any, is charged for any payments or benefits to the deceased recipient, the spouse , or registered domestic partner .

(d) A claim for correctly paid payments or benefits under General Assistance is deferred until the time that there is no c hild under age 21 , child with a disability , or child with a visual impairment .

(e) Except when there is a surviving spouse or registered domestic partner , or a surviving child under age 21 , a child with a disability , or child with a visual impairment , the amount of any assistance paid is a claim against the estate in any conservatorship proceedings and may be paid pursuant to ORS 125.495.

(4) For Medical Assistance (MA, as defined in OAR 461-135-0832):

(a) In determining the extent of the estate resources subject to the claim of the Department for correctly paid benefits, except as provided in subsection (b) of this section, the Department must disregard resources in an amount equal to the value (see OAR 461-135-0832) of resources excluded in the most recent eligibility determination under OAR 461-160-0855, based on payments received under a qualified partnership policy (see OAR 461-001-0000). The disregard of resources specific to the estate recovery claim applies to MA benefits received after the effective date of the MA eligibility determination in which a qualified partnership policy was considered and approved. The amount of any MA incurred in a prior MA eligibility period where qualified partnership policy benefits were not considered is not subject to the estate resource disregard.

(b) There is no disregard of resources under subsection (a) of this section if the recipient, or the spouse of the recipient, at any time transferred the value of the qualified partnership policy excluded resource amount to another individual for less than fair market value prior to the death of the recipient or the recipient's spouse , or exhausted the disregarded resource amount by purchasing things of value to the recipient or the recipient's spouse while either was living.

(c) The amount of any incorrectly paid payments or benefits, excluding an administrative error overpayment , are a claim, against the probate estate of any deceased recipient.

(d) The claim for correctly paid payments or benefits under MA is deferred until the death of the surviving spouse , if any, of the deceased recipient. After the death of a surviving spouse , the deferred claim of the deceased recipient is a claim against the following assets (see OAR 461-135-0832) or their proceeds in the estate of the spouse . The Department has a claim against the estate of the spouse for medical assistance (see OAR 461-135-0832) paid to the recipient, but only to the extent that the spouse received property or other assets from the recipient through any of the following:

(A) Probate.

(B) Operation of law.

(e) A claim for correctly paid payments or benefits under MA is deferred until the time that there is no child under age 21 , child with a disability , or child with a visual impairment .

(f) An MA claim in an estate includes:

(A) The amount of any payments or benefits paid prior to October 1, 1993 to or on behalf of a recipient 65 years of age or older are a claim against the probate estate of any deceased recipient.

(B) The amount of any payments or benefits, paid on or after October 1, 1993 and prior to July 18, 1995, to or on behalf of a recipient 55 years of age or older are a claim against the probate estate of any deceased recipient.

(C) The amount of any payments or benefits, paid on or after July 18, 1995 and prior to October 1, 2013, to or on behalf of a recipient 55 years of age or older are a claim against the estate of any deceased recipient. All correctly made payments on or after January 1, 2010 for Medicare cost sharing (see OAR 461-135-0832) are excluded from a claim.

(D) The amount of any payments or benefits, paid October 1, 2013 or later, to or on behalf of a recipient 55 years of age or older, during the time the Department was paying any of the cost of care of the individual in a nursing facility, home and community-based care (see OAR 461-001-0030), or in home services through the State Plan Personal Care Services (see OAR 411-034-0010), are a claim against the estate of any deceased recipient. All correctly made payments on or after January 1, 2010 for Medicare cost sharing are excluded from a claim.

(5) The amount paid, for a recipient age 55 or older, after December 31, 2013, to the federal government for the recipient’s Medicare Part D prescription drug coverage is a claim against the estate of the deceased recipient.

(6) For trusts under OAR 461-145-0540(9), upon termination of the trust or upon the death of the original beneficiary the trust pays to the State or States from such remaining amounts in the trust an amount equal to the total amount of medical assistance paid on behalf of the original beneficiary. The State or States must be listed as the first payee or payees and first remainder beneficiary or beneficiaries, and have priority over payment of other debts and administrative expenses, and other beneficiaries, except as allowed in subsection (a) of this section. Subsections (4)(d) and(4)(e) of this rule do not apply to this section.

(a) Allowable administrative expenses payable before any State include:

(A) Taxes due from the trust, excluding taxes due from the beneficiary, to the State or States or federal government because of the death of the beneficiary; and

(B) Reasonable fees for administration of the trust estate such as an accounting of the trust to a court, completion and filing of documents, or other required actions associated with termination and wrapping up of the trust. Trustee fees or conservator fees, not both, are limited to the month of the original beneficiary’s death and the prior month.

(i) For a person that is a trustee, but not a conservator, trustee fees after the month of death, if claimed, must be reasonable and approved by the Department prior to payment.

(ii) For a person that is a conservator and trustee, conservator fees after the month of death, if claimed, must be approved by the court, after the Department is given notice and opportunity to object.

(b) Upon the death of the original beneficiary, the following expenses and payments are examples of some of the types not permitted prior to reimbursement of the State or States for medical assistance:

(A) Taxes due from the estate of the beneficiary other than those arising from inclusion of the trust in the estate;

(B) Payment of debts owed to third parties;

(D) Funeral expenses; and

(E) Payments to residual beneficiaries.

(7) Regarding claims under ORS 411.620:

(a) Where the Department has a claim for correctly paid assistance and files an action under ORS 411.620(1) or (2) for a violation of ORS 411.630, 411.708(2), or 416.350(2), the amount of assistance resulting from the violation is the amount the Department would have been entitled to recover from the estate if the transferred asset were an asset of the estate .

(b) In addition or in the alternative at the discretion of the Department, the Department shall have a claim for recovery of incorrectly paid payments or benefits under ORS 416.350(1), or for assistance to which the person was not entitled, or that results from a violation, of or under ORS 411.620, ORS 411.630, ORS 411.708, ORS 411.640, or ORS 416.350(2), against the estate of the deceased recipient or against any person liable under such statutes, that includes:

(A) For individuals who received public assistance or medical assistance and transferred an asset in a manner that constitutes a disqualifying transfer under OAR 461-140-0220 and 461-140-0242, a claim includes all assistance received during a disqualification period calculated in accordance with OAR 461-140-0296, except that the date the disqualification period begins is:

(i) For an individual who transfers an asset while receiving assistance the disqualification period begins the month following the month the asset was transferred, except that if disqualification periods calculated in accordance with this rule overlap, the periods are applied sequentially so that no two penalty periods overlap.

(ii) For an individual who transfers an asset prior to receiving assistance, the disqualification period begins on the date the person begins receiving assistance.

(B)For individuals who received public assistance or medical assistance and failed to disclose a countable asset (OAR 461-140-0010) the claim includes all assistance received from the date the individual was required to disclose the asset.

(8) Notwithstanding section (7), the Department retains the ability to void a transfer under ORS 411.620, ORS 411.630, ORS 411.708, or ORS 416.350(2), and to recover any other claim that the Department may have.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.404, 413.042, 413.085, 416.340, ORS 409.050, 416.350 & 414.685
Statutes/Other Implemented: ORS 93.969, 125.495, 411.404, 411.620, 411.630, 411.708, 411.795, 413.085, 416.310, 416.350 & 411.640
SSP 55-2024, amend filed 09/30/2024, effective 10/01/2024
SSP 41-2024, amend filed 06/20/2024, effective 07/01/2024
SSP 34-2023, minor correction filed 07/18/2023, effective 07/18/2023
SSP 59-2021, minor correction filed 12/13/2021, effective 12/13/2021
SSP 45-2020, amend filed 12/22/2020, effective 01/01/2021
SSP 22-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 14-2017, f. 6-5-17, cert. ef. 7-1-17
SSP 2-2017(Temp), f. & cert. ef. 2-13-17 thru 8-11-17
SSP 34-2016, f. 9-30-16, cert. ef. 10-1-16
SSP 24-2016, f. 6-29-16, cert. ef. 7-1-16
SSP 15-2014, f. & cert. ef. 7-1-14
SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 26-2013, f. & cert. ef. 10-1-13
SSP 17-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13
SSP 32-2010, f. & cert. ef. 10-1-10
SSP 16-2010(Temp), f. & cert. ef. 5-27-10 thru 11-23-10
SSP 5-2010, f. & cert. ef. 4-1-10
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
SSP 16-2008, f. 7-1-08, cert. ef. 10-1-08
SSP 14-2007, f. 12-31-07, cert. ef. 1-1-08
SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06
SSP 16-2003, f. & cert. ef. 7-1-03
AFS 13-2002, f. & cert. ef. 10-1-02
AFS 10-2002, f. & cert. ef. 7-1-02
AFS 5-2002, f. & cert. ef. 4-1-02
AFS 24-1997, f. 12-31-97, cert. ef. 1-1-98
AFS 41-1995, f. 12-26-95, cert. ef. 1-1-96
AFS 13-1991, f. & cert. ef. 7-1-91

Or. Admin. R. 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 member, certain exemptions from recovery apply. The following income, resources and property are exempt from Medicaid estate recovery:

(a) Income and resources that are specifically exempt by law from Medicaid estate recovery, such as:

(A) Interests in and income derived from tribal land and other resources currently held in trust status; and

(B) Judgment funds from the Indian Claims Commission and the United States Court of Federal Claims.

(b) Ownership interest in trust or non-trust property, including real property and improvements:

(A) Located on a reservation (any federally recognized Indian Tribe’s reservation, pueblo, or colony, including former reservations in Oklahoma, Alaska Native regions established by the Alaska Native Claims Settlement Act and Indian allotments);

(B) Located near a reservation as designated and approved by the Bureau of Indian Affairs of the U.S. Department of the Interior; or

(C) For any federally recognized tribe not described in paragraphs (A) and (B) of this subsection, located within the most recent boundaries of a prior federal reservation.

(c) Income left as a remainder in an Estate, derived from property described in sections (1)(a) and (b) of this rule, that was collected by an Indian, by a tribe, or by a tribal organization and distributed to one or more Indians, as long as the personal representative of the Estate can clearly trace and document that the income came from the protected property.

(d) As long as the personal representative of the Estate can clearly trace and document that it came from the protected sources:

(A) An ownership interest left as a remainder in an Estate in rents, leases, royalties, or usage rights related to natural resources (including extraction of natural resources or harvesting of timber, other plants and plant products, animals, fish, and shellfish) resulting from the exercise of federally protected rights; and

(B) Income derived from these sources that is collected by an Indian, a tribe, or a tribal organization and distributed to one or more Indians.

(e) Ownership interest in and usage rights to items not covered by subsections (a) through (d) of this section that have unique religious, spiritual, traditional or cultural significance.

(f) Rights that support subsistence or a traditional life style according to applicable tribal law or custom.

(2) Protection of non-trust property described in sections (1)(a) and (b) of this rule is limited to circumstances when it passes from an Indian (as defined in section 4 of the Indian Health Care Improvement Act, Pub. L. No. 94-437) to:

(a) One or more relatives (by blood, adoption or marriage), including Indians not enrolled as a member of a tribe and non-Indians, such as spouses and step-children, who would be protected as family members by the tribe;

(b) A tribe or tribal organization; or

(3) The following are subject to Medicaid estate recovery:

(a) Native American Indian and Alaskan Native tribal member ownership interest in assets and property, both real and personal, that are not described in sections (1) and (2) of this rule.

(b) Any income or assets left as a remainder in the Estate that do not derive from protected property or sources described in sections (1) and (2) of this rule.

[Publication.: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 409.050, 410.070 & 414.105
Statutes/Other Implemented: ORS 414.106 & 416.340
AFS 13-2002, f. & cert. ef. 10-1-02

Or. Admin. R. 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 available for claims against the estate.

(3) EAU will determine the most cost-effective way to dispose of real and personal property. EAU may dispose of the property by conducting sales through licensed real estate brokers, public auctions, competitive bidding, or other methods found most cost-effective.

(4) When property has been disposed of, EAU will credit the proceeds to the Department’s claim. Any amounts exceeding the claim will be available to all other claims against the estate. If no other claims exist, any excess amounts will be paid to the heirs or devisees, if any. Any remaining amounts revert to the Division of State Lands.

History

Statutory/Other Authority: ORS 113.145, 130.370, 410.070, 411.060 & 411.070
Statutes/Other Implemented: ORS 411.060, 411.070, 411.404 & 411.710
AFS 13-1991, f. & cert. ef. 7-1-91

Or. Admin. R. 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 Department. The Department may convey the property by deed or other appropriate conveyance under procedures adopted by rule of the Department:

(a) The Department is authorized to convey, as Grantor, property to the Grantee through issuance of the Bargain and Sale Deed or other appropriate conveyances;

(b) The Bargain and Sale Deed will be signed by the Assistant Director of the Seniors and People with Disabilities Division or his/her designee.

(2) Recording responsibilities of the Deed will be the responsibility of the Grantee unless otherwise agreed upon by the Department.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.795
AFS 29-1993, f. 12-30-93, cert. ef. 1-1-94
AFS 28-1993(Temp), f. & cert. ef. 11-3-93

Or. Admin. R. 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 receive the assets of the deceased client.

(2) In determining whether an undue hardship exists, the Department may consider the following criteria:

(a) Whether enforcement of the claim would cause the waiver applicant to become eligible for assistance; and

(b) Whether enforcement of the claim would cause the waiver applicant, who would otherwise be eligible for assistance, to become homeless.

(3) Waiver of an estate recovery claim may include, but is not limited to, the following:

(a) Forgiveness of all or part of the claim, or any other relief the Department deems fit; or

(b) Taking a mortgage or trust deed in lieu of enforcement of the claim.

(4) No waiver will be granted if the Department finds that the undue hardship was created by resort to estate planning methods by which the waiver applicant or deceased client divested, transferred or otherwise encumbered assets, in whole or in part, to avoid estate recovery.

(5) No waiver will be granted if the Department finds that the undue hardship will not be remedied by the grant of the waiver.

History

Statutory/Other Authority: ORS 410.070, 411.060 & 414.106
Statutes/Other Implemented: ORS 414.106 & 416.340
SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14
AFS 13-2002, f. & cert. ef. 10-1-02
AFS 8-1999, f. 5-27-99, cert. ef. 6-1-99
AFS 41-1995, f. 12-26-95, cert. ef. 1-1-96

Or. Admin. 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 raised by such Ownership Documents may be rebutted by Convincing Evidence that accurately reflects a Person’s Legal Title to, ownership of or Interest in the Real or Personal Property or other Asset. However, the department shall not consider property or assets in which the decedent held only bare legal title in the capacity as a trustee with no beneficial, equitable, reversionary or other ownership Interest in the property or assets, as property or assets in which the decedent had an Interest or held Legal Title.

(2) The form of Interest created by the Ownership Documents shall be governed by the law in effect at the Time of Death of the jurisdiction in which the Real or Personal Property or other Assets are located.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 414.105
AFS 29-1996, f. & cert. ef. 8-28-96

Or. Admin. R. 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 handling the deceased client's estate, if that person is known to the Department at the time the Department files its claim with the probate court. If the person handling the deceased client's estate is not known to the Department, the Department will file the written notice with the claim that it files with the probate court; or

(b) Any beneficiary, heir or family member of the deceased client who contacts the Department asserting a right superior to that of the Department to receive property or other assets of the deceased client unless the Department agrees that the beneficiary, heir or family member's claim is superior; or

(c) Any beneficiary, heir or family member of the deceased client who held an asset jointly with the deceased client at the time of death, if that person is known to the Department unless the Department determines that it has no right to the jointly held asset.

(2) Any beneficiary, heir, or family member claiming entitlement to receive the assets of the deceased client may apply for a hardship waiver under this rule by submitting a written request for a waiver to the Department within 45 days of the date the notice was sent to the person or to the probate court. The Department may, in its discretion, consider waiver applications filed after the 45-day period if the waiver applicant demonstrates that there was good cause for the delay.

(3) The written request shall include all the following information:

(a) The relationship of the waiver applicant to the decedent.

(b) The nature of the applicant's right to receive the property of the decedent if the waiver is granted.

(d) A statement of the type of waiver that is being requested.

(e) Documentation establishing or demonstrating any of the information submitted.

(f) Any other information or documentation that the applicant believes should be considered by the Department in determining whether an undue hardship exists.

(4) The Department may request additional information or documentation from the applicant. If the additional information or documentation is not provided within 30 days of the Department's request for additional information or documentation, the hardship waiver application will be considered by the Department on the basis of the information and documentation provided.

(5) Within 90 days of receipt of the hardship waiver application, the Department will issue a written decision granting or denying, in whole or in part, the applicant's request for an undue hardship waiver.

(6) If the decision is adverse to the hardship waiver applicant, the Department's written decision shall include information regarding the applicant's right to a contested case hearing before the Office of Administrative Hearings.

(7) The rules and procedures adopted by the Department in chapters 137 and 461 of the Oregon Administrative Rules shall apply to hearings challenging the denial of a hardship waiver application.

(8) The issue for the hearing will be whether the Department's decision was correct based on the information available to the Department at the time the written decision was issued, unless the applicant can show good cause for failing to submit relevant information or documentation to the Department prior to the date the written decision was issued.

(9) Receipt of a timely request for waiver or request for hearing shall not prevent or delay the Department's pursuit of its estate recovery claim pending issuance of a final order at the conclusion of the hearing. The Department shall return any funds it collected if it is ultimately decided that the waiver should have been granted.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.795
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
AFS 41-1995, f. 12-26-95, cert. ef. 1-1-96

Or. Admin. R. 461-135-0845 Valuation of Life Estate, Reversionary Interest, and Property

(1) In this rule, “spouse” or “spouses”:

(a) For federally-funded programs, has the meaning defined in OAR 461-001-0000,

(b) For programs not federally-funded, has the meaning defined in OAR 461-001-0000 but also includes a registered domestic partner (see OAR 461-135-0832).

(2) Effective July 18, 1995, the value (see OAR 461-135-0832) of a life estate (see OAR 461-135-0832) or other interest (see OAR 461-135-0832) in real property (see OAR 461-135-0832) , personal property (see OAR 461-135-0832) , or other assets (see OAR 461-135-0832) measured by or valued with respect to a life span, including that of the relevant recipient of assistance (see OAR 461-135-0832), is established by reference to the life estate valuation tables in this section and is valued as of the time of death (see OAR 461-135-0832) of the recipient of assistance irrespective of the actual life span of the measuring life. [Table not included. See ED. NOTE.]

(3) Excluding accounts under section (4) of this rule or property under section (6) of this rule, for assistance recovery purposes, the interest of a person (see OAR 461-135-0832) in real property, personal property, or other assets held in joint tenancy (see OAR 461-135-0832) (including transfers with right of survivorship covered by ORS 93.180), tenancy in common (see OAR 461-135-0832), or other form of concurrent ownership with one or more other persons with right of survivorship (see OAR 461-135-0832), other than a spouse , is presumed to be the fractional share held by the person . The fractional share of a person is presumed to be the share reflected in the ownership documents (see OAR 461-135-0832). Such presumption may be rebutted under the consideration furnished test (see OAR 461-135-0832) using convincing evidence (see OAR 461-135-0832) of the actual consideration contributed by another co-owner of the property or assets . In the absence of any stated fractional share on the ownership documents , each co-owner is presumed to have an equal fractional share of ownership of the whole, unless rebutted by the consideration furnished test using convincing evidence .

(4) For medical assistance (see OAR 461-135-0832) recovery purposes, the interest of a recipient in multi-party accounts with an insured institution or credit union is presumed to be one-hundred percent, and the account’s value shall be determined at time of death . The presumption may be rebutted by the consideration furnished test using convincing evidence.

(5) With respect to real property, personal property, or assets held jointly by spouses , as tenants in common, tenants by the entirety, or other concurrent ownership, the interest of a person in such property or assets is conclusively deemed to be one-half; provided, however, that in the event the ownership documents expressly set forth a different fractional share of ownership, and such fractional share is lawful in the appropriate jurisdiction, then the interest of a person is presumed to be the fractional share set forth in such ownership documents . Such presumption may be rebutted using convincing evidence . The consideration furnished test does not apply to this section of the rule.

(6) With respect to real property, personal property, or other assets conveyed by a transfer on death deed or other similar arrangement, including, but not limited to, payable on death accounts with financial institutions; the interest of the transferor is presumed to be one-hundred percent, except that if there is more than one transferor their respective interests are determined in accordance with sections (3), (4), and (5) of this rule.

(7) The value of real property is determined by establishing the value of the property to the satisfaction of the department (see OAR 461-135-0832). The burden of proof for establishing the value of the real property to the satisfaction of the department lies with the person or, after the time of death of the person , with the person's representative, and may be established by any methodology, including an appraisal performed by an appraiser certified or licensed in the applicable jurisdiction, that the department determines most accurately reflects the value of the real property . The sum of liens or other encumbrances, if any, attached to the real property established using convincing evidence, is subtracted from the value of the real property to determine a net value of the real property .

(8) The value of personal property consisting of shares of stock or other securities traded on an exchange is evidenced by the average of the bid and ask prices. If such bid and ask prices are unavailable for certain stocks or securities, the value may be established by a written estimate from the corporation or other entity issuing such shares or securities of the value , or if such estimate is unobtainable, an estimate from a broker, trader or other person with knowledge in the field. The sum of liens or other encumbrances established using convincing evidence, is subtracted from the value of such stock or securities to determine a net value of the personal property consisting of stock or other securities.

(9) Subject to section (8) of this rule, the value of tangible personal property , including, but not limited to, livestock, furniture, vehicles and other tangible items may be established:

(a) By a written estimate from a person knowledgeable in the field of appraising such items of personal property ; or

(b) From published sources such as catalogs of antiques or collectibles, blue books or other convincing evidence that accurately establishes the value of the property.

(10) The sum of liens or other encumbrances, if any, attached to such property in section (9) , established using convincing evidence , is subtracted from the value of the tangible personal property to determine a net value of the tangible personal property .

(11) The value of intangible personal property not otherwise provided for in this rule, is established by a written estimate from a person knowledgeable in the field of appraising such items of intangible personal property . The sum of liens or other encumbrances, if any, attached to such property , established using convincing evidence , is subtracted from the value of the intangible personal property to determine a net value of the intangible personal property .

(12) Notwithstanding anything to the contrary in this rule, any real property, personal property, or other assets in a probate estate is valued in accordance with the probate code of the jurisdiction of the probate proceeding.

(13) Notwithstanding anything to the contrary in this rule, if a claim under OAR 461-135-0835 is deferred until a recipient’s spouse dies; the value of any real property , personal property or other assets , subject to the deferred claim, is established as follows:

(a) For real property , personal property, or other assets in the probate estate of the deceased spouse; the value is the current value at the time of probate; or

(b) For real property , personal property, or other assets not in the probate estate of the deceased spouse ; the value is determined on the later of the date of the claim or the sale of the real property, personal property, or other assets.

(14) The amount of a claim of the department that is recoverable from a person other than the recipient of assistance is calculated through the following steps:

(a) Step One: Determine the value of the real property , personal property , or other assets received by the person from the recipient of assistance .

(b) Step Two: Deduct from the value the amount of any liens or encumbrances.

(c) Step Three: Multiply the result by the fraction or percentage that constitutes the interest received from the recipient of assistance .

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 411.060, 416.350, 413.085, 414.685, ORS 409.050 & 413.042
Statutes/Other Implemented: ORS 416.340, 416.350, 411.708, 411.795, 416.310, 413.085, 414.685, 106.300 to 106.340 & ORS 93.969
SSP 45-2020, amend filed 12/22/2020, effective 01/01/2021
SSP 23-2019, amend filed 10/21/2019, effective 10/22/2019
SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 35-2011, f. 12-27-11, cert. ef. 1-1-12
SSP 17-2004, f. & cert. ef. 7-1-04
SSP 1-2004(Temp), f. & cert. ef. 2-5-04 thru 6-30-04
AFS 13-2002, f. & cert. ef. 10-1-02
AFS 5-2002, f. & cert. ef. 4-1-02
AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00
AFS 29-1996, f. & cert. ef. 8-28-96

Or. Admin. R. 461-135-0847 Forms; Request for Notice of Transfer or Encumbrance; Termination of Request for Notice of Transfer or Encumbrance; Notice of Transfer or Encumbrance

(1) The forms set forth in this rule are adopted in accordance with ORS 93.268, 205.246, and 411.692.

(2) Request for Notice of Transfer or Encumbrance Form; [Form not included. See ED. NOTE.]

(3) Termination of Request for Notice of Transfer or Encumbrance Form; [Form not included. See ED. NOTE.]

(4) Model Form — Notice of Transfer or Encumbrance Form; [Form not included. See ED. NOTE.]

(5) These forms are available at http://dhsforms.hr.state.or.us/ forms/databases/findforms.htm. At the Find a form window in the Form Number field, type in the four-digit form number and click on search.

[ED. NOTE: Form referenced are available from the agency.]

History

Statutory/Other Authority: ORS 93.268, 205.246 & 411.692
Statutes/Other Implemented: ORS 93.268, 205.246 & 411.692
SSP 22-2004, f. & cert. ef. 10-1-04
SSP 33-2003, f. 12-31-03, cert. ef. 1-4-04

Or. Admin. R. 461-135-0850 Specific Requirements; Repatriate Program

(1) For purposes of this rule, "repatriate" means a US citizen who has returned, or been brought back to the US because of destitution, illness (including mental illness), war, threat of war, invasion, or a similar crisis.

(2) To be eligible for the Department’s repatriation services, an individual must be identified by the Department of State’s International Social Services office as a repatriate needing assistance.

(3) A repatriate may receive monthly loan assistance equal to the monthly TANF standard for the equivalent case size (see OAR 461-155-0030) for a duration of time determined by the federal agency. A Repayment Agreement must be signed prior to the first payment.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060
SSP 35-2016, f. 9-30-16, cert. ef. 10-1-16
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-135-0875 Specific Requirements; Retroactive Eligibility

(1) Individuals are evaluated for retroactive eligibility as follows:

(a) In the Oregon Supplemental Income Program Medical (OSIPM), when individuals received Medicaid-covered medical services prior to the date of request (see OAR 461-115-0030). This includes deceased individuals who would have been eligible for Medicaid covered services had they, or someone acting on their behalf, applied.

(b) In the Qualified Disabled and Working Individual (QDWI) program, when individuals paid or incurred Medicaid-covered Medicare Part A premiums, or were eligible for but not enrolled in Medicare Part A prior to the date of request and received Medicare Part A-covered services. This includes deceased individuals who would have been eligible for Medicaid-covered premiums had they, or someone acting on their behalf, applied.

(c) In the Specified Low-Income Medicare Beneficiary (SLMB) and Qualifying Individual (QI) programs, when individuals paid or incurred Medicaid-covered Medicare Part B premiums, or were eligible for but not enrolled in Medicare Part B prior to the date of request and received Medicare Part B-covered services. This includes deceased individuals who would have been eligible for Medicaid-covered premiums had they, or someone acting on their behalf, applied.

(d) Individuals applying for medical assistance through the Refugee Assistance Medical (REFM) program are evaluated for retroactive eligibility.

(2) If eligible for medical assistance retroactively, the eligibility of the individual may not start earlier than the date indicated by OAR 461-180-0140.

(3) In the Qualified Medicare Beneficiary (QMB) program, there are no retroactive medical benefits.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.404, 413.085 & 414.685
Statutes/Other Implemented: 411.060, 411.404, 413.085, 414.685 & ORS 409.010
SSP 26-2026, minor correction filed 05/05/2026, effective 05/05/2026
SSP 50-2023, amend filed 11/30/2023, effective 12/01/2023
SSP 24-2023, temporary amend filed 07/01/2023, effective 07/01/2023 through 12/27/2023
SSP 22-2022, minor correction filed 02/16/2022, effective 02/16/2022
SSP 23-2017, f. 9-11-17, cert. ef. 10-1-17
SSP 16-2014, f. & cert. ef. 7-1-14
SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 17-2008, f. & cert. ef. 7-1-08
SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06
SSP 22-2004, f. & cert. ef. 10-1-04
AFS 5-2002, f. & cert. ef. 4-1-02
AFS 6-2001, f. 3-30-01, cert. ef. 4-1-01
AFS 5-2000, f. 2-29-00, cert. ef. 3-1-00
AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 8-1993(Temp), f. & cert. ef. 4-26-93
AFS 28-1992, f. & cert. ef. 10-1-92
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-135-0900 Temporary rule language in effect until 02/07/2027. Specific Requirements; REF, REFM

(1) In addition to the eligibility (see OAR 461-001-0000) requirements in other rules in OAR chapter 461, an individual must meet all of the requirements in this rule to be eligible for the Refugee Assistance (REF) and Refugee Assistance Medical (REFM) programs.

(2) An individual must meet the noncitizen status requirements of OAR 461-120-0125 to be eligible for REF and REFM programs except as follows. In the REFM program, a newborn child (see OAR 461-001-0000) born in the United States to an individual in the REFM program is not required to meet the noncitizen status requirements for the REFM program as long as each parent (see OAR 461-001-0000) in the filing group (see OAR 461-110-0210) meets the noncitizen status requirements of OAR 461-120-0125.

(3) An individual is not eligible to receive REF and REFM program benefits if the individual is a full-time student of "higher education", unless such education is part of a cash assistance case plan. Any education or training allowable under an approved case plan must be less than one year in length. For the purposes of this rule, "higher education" means education that meets the requirements of one of the following subsections:

(a) Public and private universities and colleges and community colleges that offer degree programs regardless of whether a high school diploma is required for the program. However, GED, ABE, ESL, and high school equivalency programs at these institutions are not considered "higher education".

(4) Eligibility for REF and REFM program benefits –

(a) For individuals whose date of eligibility is before October 1, 2021, is limited to the first eight months from the date the immigration status was granted. Months in the United States are counted as whole months. There is no prorating of months.

(b) For individuals whose date of eligibility is from October 1, 2021, through May 4, 2025, is limited to the first twelve months from the date the immigration status was granted, except for individuals that meet the criteria of paragraph (B) of this subsection.

(A) Months in the United States are counted as whole months. There is no prorating of months.

(B) The twelve-month period begins May 21, 2022, for an individual who is a citizen or national of Ukraine, or an individual who last habitually resided in Ukraine, who was paroled into the United States between February 24, 2022, and May 21, 2022.

(c) For individuals whose date of eligibility is from May 5, 2025, through December 31, 2025, is limited to the first four months from the date the immigration status was granted. Months in the United States are counted as whole months. There is no prorating of months.

(d) For individuals whose date of eligibility is on or after January 1, 2026, is limited to the first eight months from the date the immigration status was granted. Months in the United States are counted as whole months. There is no prorating of months.

(5) In the REF and REFM programs, if an individual was originally resettled in Oregon through the federal refugee resettlement process, then the individual must provide the name of the local resettlement agency that resettled them.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.116, 411.121, 411.404 & 414.685
Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 411.116, 411.121, 411.404, 411.878, 412.049, 414.685, 45 CFR 400 & H.R. 7691, 117th Cong. (2021-2022)
SSP 34-2026, temporary amend filed 08/11/2026, effective 08/12/2026 through 02/07/2027
SSP 20-2025, amend filed 09/29/2025, effective 10/01/2025
SSP 8-2025, temporary amend filed 04/24/2025, effective 05/05/2025 through 10/31/2025
SSP 47-2023, amend filed 09/25/2023, effective 10/01/2023
SSP 48-2022, amend filed 09/27/2022, effective 10/01/2022
SSP 39-2022, temporary amend filed 06/27/2022, effective 06/27/2022 through 12/11/2022
SSP 38-2022, temporary amend filed 06/15/2022, effective 06/15/2022 through 12/11/2022
SSP 12-2022, minor correction filed 02/16/2022, effective 02/16/2022
SSP 27-2018, amend filed 09/04/2018, effective 10/01/2018
SSP 21-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 5-2018, temporary amend filed 01/25/2018, effective 02/01/2018 through 06/30/2018
SSP 10-2017, f. 3-24-17, cert. ef. 4-1-17
SSP 24-2015, f. 9-29-15, cert. ef. 10-1-15
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 13-2013, f. & cert. ef. 7-1-13
SSP 32-2010, f. & cert. ef. 10-1-10
SSP 13-2010(Temp), f. & cert. ef. 5-17-10 thru 11-13-10
SSP 28-2009, f. & cert. ef. 10-1-09
SSP 9-2009(Temp), f. & cert. ef. 5-1-09 thru 10-28-09
SSP 17-2008, f. & cert. ef. 7-1-08
SSP 4-2008(Temp), f. & cert. ef. 2-22-08 thru 7-28-08
SSP 3-2008(Temp), f. & cert. ef. 1-30-08 thru 7-28-08
SSP 10-2007, f. & cert. ef. 10-1-07
AFS 22-2002, f. 12-31-02, cert. ef. 1-1-03
AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00
AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99
AFS 17-1998, f. & cert. ef. 10-1-98
AFS 19-1997, f. & cert. ef. 10-1-97
AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97
AFS 33-1996(Temp), f. 9-26-96, cert. ef. 10-1-96
AFS 40-1995, f. 12-26-95, cert. ef. 1-1-96
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 1-1993, f. & cert. ef. 2-1-93
AFS 4-1992, f. 2-28-92, cert. ef. 3-1-92
AFS 19-1991(Temp), f. & cert. ef. 10-1-91
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90
AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-135-0910 Unaccompanied Minor Program; REF, REFM

Refugees who entered the United States under the Unaccompanied Minor Program administered by the federal Office of Refugee Resettlement are wards of the court and are in the custody of a public agency. They are not eligible for REF or REFM.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060
SSP 8-2008, f. & cert. ef. 4-1-08
AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99
AFS 19-1997, f. & cert. ef. 10-1-97
AFS 20-1990, f. 8-17-90, cert. ef. 10-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-135-0915 Specific Requirements; REF

In the REF program:

(1) To be eligible, an individual must be determined ineligible for TANF.

(2) As used in this rule:

(a) Except as provided otherwise in this section, "good cause" means a reasonable person of normal sensitivity, exercising ordinary common sense under similar circumstances, would have:

(A) Quit work, including in anticipation of discharge;

(B) Participated in behavior leading to the individual's discharge; or

(b) For an individual with a physical or mental impairment (as defined at 29 CFR 1630.2(h)), except as provided otherwise in subsection (c) of this section, "good cause" for leaving work means that a reasonable person with the characteristics and qualities of such individual under similar circumstances would have:

(A) Quit work, including in anticipation of discharge;

(B) Participated in behavior leading to the individual's discharge; or

(3) Except as provided otherwise under section (5) of this rule, a member of the need group (see OAR 461-110-0630) has a “violation” if that individual voluntarily quit employment or refused to accept an offer of employment in which that member was hired to work 100 or more hours per month or worked or was scheduled to work 100 or more hours:

(a) Within 30 days prior of the filing date (see OAR 461-115-0040) for REF benefits; or

(b) While receiving REF program benefits.

(4) A member of the need group is not eligible for REF program benefits:

(a) For the first violation (see section (3) of this rule), three payments months from the date that member of the need group was separated from their employment, voluntarily quit their employment, or refused to accept an offer of employment.

(b) For the second violation, six payments months from the date that member of the need group was separated from their employment, voluntarily quit their employment, or refused to accept an offer of employment.

(5) A need group does not have a violation based on section (3) of this rule if at least one of the following subsections applies:

(a) The member was unable to work due to a disability or medical condition documented by a qualified and appropriate professional, and which is expected to last for 30 days or more from the filing date for REF program benefits.

(b) The member was separated from employment for a reason the Department determines is good cause as defined in section (2) of this rule.

(d) The member was pregnant and experiencing medical complications due to the pregnancy that prohibit participation in activities of the program and are documented by a qualified and appropriate professional.

(e) The member was fleeing from or at risk of domestic violence (see OAR 461-001-0000).

History

Statutory/Other Authority: ORS 409.050, 411.060 & 411.404
Statutes/Other Implemented: ORS 409.010, 411.060 & 411.404
SSP 22-2017, f. 9-8-17 & cert. ef. 10-1-17
SSP 10-2017, f. 3-24-17, cert. ef. 4-1-17

Or. Admin. R. 461-135-0920 Refugees Applying for Supplemental Security Income (SSI)

(1) Refugee Assistance (REF) applicants who are age 65 or older or who are blind or have a disability (see OAR 461-001-0000) are referred to Social Security to apply for Supplemental Security Income (SSI). REF applicants who are found eligible for the REF program receive REF program benefits until SSI benefits begin or until their eligibility period, as per OAR 461-135-0900(4), lapses, whichever occurs first.

(2) Refugees eligible for SSI are eligible for the Oregon Supplemental Income Program Medical (OSIPM) program.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070 & 411.706
Statutes/Other Implemented: ORS 409.050, 411.060, 411.070, 411.706 & 45 CFR 400
SSP 20-2025, amend filed 09/29/2025, effective 10/01/2025
SSP 8-2025, temporary amend filed 04/24/2025, effective 05/05/2025 through 10/31/2025
SSP 48-2022, amend filed 09/27/2022, effective 10/01/2022
SSP 38-2022, temporary amend filed 06/15/2022, effective 06/15/2022 through 12/11/2022
SSP 24-2013, f. & cert. ef. 10-1-13
AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99
AFS 4-1992, f. 2-28-92, cert. ef. 3-1-92
AFS 19-1991(Temp), f. & cert. ef. 10-1-91
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-135-0930 Temporary rule language in effect until 02/07/2027. Medical Coverage for Refugees; REFM

(1) Benefits in the Refugee Assistance Medical (REFM) program are the same medical coverage as any Medicaid or CHIP program, except the Qualified Medicare Beneficiaries (QMB) program.

(2) An individual is not required to meet the financial eligibility criteria for the REFM program if the individual meets all the non-financial eligibility criteria for the REFM program and the requirements of at least one of the following subsections:

(a) The individual loses eligibility for any Medicaid or CHIP program, except the QMB program, due to income from employment.

(b) The individual loses eligibility for any Medicaid or CHIP program, except the QMB program, and is currently receiving benefits in the Refugee Assistance (REF) program.

(c) The individual had medical assistance established in another state based on refugee status granted by the United States Citizenship and Immigration Services, and:

(A) Moved to Oregon and is still within the individual’s eligibility period as per OAR 461-135-0900(4); and

(B) Was found not eligible for any Medicaid or CHIP program other than the QMB program.

(3) An individual who is determined eligible for the REFM program will maintain eligibility for the REFM program for the remainder of their eligibility period, as per OAR 461-135-0900(4), even if the individual loses eligibility for the REF program due to having income equal to or over the countable (see OAR 461-001-0000) income and adjusted income (see OAR 461-001-0000) limits (see OAR 461-155-0030).

(4) An individual applying for the REFM program is not required to apply for or receive benefits in the REF program.

(5) Except for the QMB program, eligibility for all Medicaid and CHIP programs must be determined prior to determining eligibility for the REFM program.

(6) When a newborn is born to a member of a REFM program benefit group (see OAR 461-110-0750):

(a) Members of the benefit group may continue to receive REFM program benefits for the remainder of the eligibility period, as stated in OAR 461-135-0900(4), if the member is determined ineligible for all Medicaid and CHIP programs.

(b) The newborn may receive REFM program benefits for the remainder of the eligibility period of the benefit group , as stated in OAR 461-135-0900(4), if the newborn is determined ineligible for all Medicaid and CHIP programs.

(7) To be eligible for the REFM program, an individual may not be enrolled in Medicare.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.404, 413.085 & 414.685
Statutes/Other Implemented: 411.060, 411.404, ORS 409.010 & 45 CFR 400
SSP 34-2026, temporary amend filed 08/11/2026, effective 08/12/2026 through 02/07/2027
SSP 20-2025, amend filed 09/29/2025, effective 10/01/2025
SSP 8-2025, temporary amend filed 04/24/2025, effective 05/05/2025 through 10/31/2025
SSP 50-2023, amend filed 11/30/2023, effective 12/01/2023
SSP 24-2023, temporary amend filed 07/01/2023, effective 07/01/2023 through 12/27/2023
SSP 48-2022, amend filed 09/27/2022, effective 10/01/2022
SSP 38-2022, temporary amend filed 06/15/2022, effective 06/15/2022 through 12/11/2022
SSP 21-2022, minor correction filed 02/16/2022, effective 02/16/2022
SSP 33-2021, amend filed 06/22/2021, effective 07/01/2021
SSP 29-2021, temporary amend filed 03/29/2021, effective 03/29/2021 through 09/24/2021
SSP 22-2017, f. 9-8-17 & cert. ef. 10-1-17
SSP 10-2017, f. 3-24-17, cert. ef. 4-1-17
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 24-2013, f. & cert. ef. 10-1-13
SSP 23-2008, f. & cert. ef. 10-1-08
AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99
AFS 13-1995, f. 6-29-95, cert. ef. 7-1-95
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-135-0950 Eligibility for Residents of Public Institutions

(1) This rule sets out additional restrictions on the eligibility of residents of public institutions for programs covered by Chapter 461 of the Oregon Administrative Rules.

(2) Definition of a "resident of a public institution".

(a) An individual living in a public institution (see section (3) of this rule) who is:

(A) Confined involuntarily in a local, state or federal prison, jail, detention facility, or other penal facility, including an individual being held involuntarily in a detention center awaiting trial or an individual serving a sentence for a criminal offense;

(B) Residing involuntarily in a facility under a contract between the facility and a public institution where, under the terms of the contract, the facility is a public institution ;

(D) Receiving care as an outpatient while residing involuntarily in a public institution ; or

(E) In the OSIPM and QMB programs, no longer a resident of the public institution during a temporary period of hospitalization in a medical institution outside of the correctional facility.

(b) An individual is not considered a resident of a public institution when:

(A) The individual is released on parole, probation, or post-prison supervision;

(B) The individual is on home- or work-release, unless the individual is required to report to a public institution for an overnight stay;

(C) The individual is voluntarily residing in a supervised community residential facility and all of the following are true:

(i) Residents are not precluded from working outside the facility in employment available to individuals who are not under justice system supervision;

(ii) Residents can use community resources such as libraries, grocery stores, recreation and education at will, notwithstanding any house rules such as a requirement to sign in and out, curfews, or hours during which the residence is closed or locked; and

(iii) Residents can seek health care treatment in the broader community to the same or similar extent as other Medicaid enrollees in the state.

(D) The individual is staying voluntarily in a detention center, jail, or county penal facility after their case has been adjudicated and while other living arrangements are being made for the individual; or

(E) The individual is in a public institution pending other arrangements as defined in 42 CFR 435.1010.

(3) A "public institution" is any of the following:

(a) A “state hospital” (see ORS 162.135).

(b) A local correctional facility (see ORS 169.005): a jail or prison for the reception and confinement of individuals that is provided, maintained and operated by a county or city and holds individuals for more than 36 hours.

(c) A Department of Corrections institution (see ORS 421.005): a facility used for the incarceration of individuals sentenced to the custody of the Department of Corrections, including a satellite, camp, or branch of a facility.

(d) A youth correction facility (see ORS 162.135):

(A) A facility used for the confinement of individuals placed in the legal or physical custody of the youth authority, including a secure regional youth facility, a regional accountability camp, a residential academy and satellite, and camps and branches of those facilities; or

(B) A facility established under ORS 419A.010 to 419A.020 and 419A.050 to 419A.063 for the detention of individuals pursuant to a judicial commitment or order.

(4) Definition of serious mental illness. An individual has a serious mental illness if the individual has been diagnosed by a psychiatrist, a licensed clinical psychologist or a certified non-medical examiner as having dementia, schizophrenia, bipolar disorder, major depression or other affective disorder or psychotic mental disorder other than a substance abuse disorder and other than a disorder that is caused primarily by substance abuse.

(5) An individual who resides in a state hospital (see subsection (3)(a) of this rule), meets the definition of having a serious mental illness (see section (4) of this rule), and applies for medical assistance between 90 and 120 days prior to the expected date of the person's release from the state hospital may be found eligible for medical assistance. If the individual is determined to be eligible, the effective date of the individual's medical assistance is the date the individual is no longer a resident of the institution.

(6) In the OSIPM and QMB programs, except as provided for in section (7) of this rule, an individual who is at least 21 years of age and less than 65 years of age who becomes a resident of a state hospital has medical benefits suspended. When an individual with suspended medical benefits is no longer a resident of the state hospital , or when the individual is admitted to a medical institution outside of the state hospital for a period of hospitalization, medical benefits are reinstated effective the first day the individual is no longer a resident.

(7) An individual residing in a state hospital may be eligible for OSIPM and QMB program benefits if the individual meets the requirements of one of the following subsections:

(a) The individual is 65 years of age or older.

(b) The individual receives a Certificate of Need for Services from the State-authorized agency, and meets one of the following:

(A) The individual is under 21 years of age.

(B) The individual is 21 years of age, received a Certificate of Need for Services from the State-authorized agency, and received those services immediately before reaching age 21. Except as provided for in subsection (a) of this section, eligibility ends at age 22.

(8) For all programs covered under chapter 461 of the Oregon Administrative Rules:

(a) Except as provided otherwise in this rule, a resident of a public institution (see section (2) of this rule) is not eligible for benefits.

(b) Except as provided otherwise in this rule, if a pregnant individual receiving medical assistance through the OSIPM program becomes a resident of a public institution , their medical benefits are suspended. When the Department learns the individual is no longer a resident of a public institution , their medical benefits are reinstated – effective on the first day they are no longer a resident of a public institution – if they are still in their protected period of eligibility under OAR 461-135-0010.

(c) If an individual receiving medical assistance through the OSIPM or QMB programs becomes a resident of a public institution at a correctional facility (see subsections (3)(b) through (3)(d) of this rule), medical benefits are suspended during the incarceration period.

(d) In the OSIPM and QMB programs:

(A) When the Department learns the individual is no longer a resident of a public institution within 12 calendar months of the change, suspended benefits may be restored, effective the first day the individual was no longer a resident of a public institution.

(B) When the Department learns the individual has been admitted to a hospital outside of the public institution for a period of hospitalization, suspended benefits may be restored effective the first day of the period of hospitalization.

(C) When the date benefits are reinstated is prior to the individual’s eligibility renewal date, the eligibility renewal date will be maintained.

(D) When the date benefits are reinstated is after the individual’s eligibility renewal date, eligibility must be redetermined immediately after benefits are restored.

(9) In the GA and SNAP programs, in addition to the other provisions of this rule, a resident of a public institution released from a public institution on home arrest and required to wear an electronic device to monitor their activity, is ineligible for benefits if the correctional agency provides room and board to the individual.

(10) In the GA program, when an individual becomes a resident of a public institution :

(a) Housing assistance payments may continue for one calendar month following the month the individual became a resident of a public institution if the following are true:

(A) The Department can determine that the individual will no longer be a resident of a public institution before the end of the calendar month following the month the individual became a resident of a public institution , and

(B) The individual’s housing arrangement is still available.

(b) When the individual will no longer be a resident of a public institution after the end of the calendar month following the month the individual became a resident of a public institution , or when the date the individual will no longer be a resident of a public institution is not known, housing assistance payments will be closed effective the end of the notice period (see OAR 461-175-0050) for a timely continuing benefit decision notice (see OAR 461-001-0000).

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.816, 412.049, 413.085, 414.685 & 412.014
Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 411.404, 411.447, 411.816, 412.014, 412.049, 414.426 & 42 CFR 435.1009
SSP 11-2023, amend filed 03/22/2023, effective 04/01/2023
SSP 34-2021, amend filed 06/23/2021, effective 07/01/2021
SSP 27-2021, amend filed 03/24/2021, effective 04/01/2021
SSP 8-2019, amend filed 03/13/2019, effective 04/01/2019
SSP 28-2018, amend filed 09/06/2018, effective 10/01/2018
SSP 25-2018, temporary amend filed 07/11/2018, effective 07/11/2018 through 09/30/2018
SSP 11-2018, amend filed 03/09/2018, effective 04/01/2018
SSP 33-2017, amend filed 12/08/2017, effective 01/01/2018
SSP 23-2017, f. 9-11-17, cert. ef. 10-1-17
SSP 17-2017(Temp), f. 6-28-17, cert. ef. 7-1-17 thru 12-27-17
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 9-2014, f. & cert. ef. 4-1-14
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 35-2011, f. 12-27-11, cert. ef. 1-1-12
SSP 26-2011(Temp), f. 9-30-11, cert. ef. 10-1-11 thru 3-29-12
SSP 10-2011, f. 3-31-11, cert. ef. 4-1-11
SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06
SSP 17-2005(Temp), f. 12-30-05, cert. ef. 1-1-06 thru 6-30-06
AFS 27-2001, f. 12-21-01, cert. ef. 1-1-02
AFS 21-2001(Temp), f. & cert. ef. 10-1-01 thru 12-31-01
AFS 17-2000, f. 6-28-00, cert. ef. 7-1-00
AFS 5-2000, f. 2-29-00, cert. ef. 3-1-00
AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99
AFS 4-1998, f. 2-25-98, cert. ef. 3-1-98
AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-135-0990 Specific Requirements; Reimbursement of Cost-Effective, Employer-Sponsored Health Insurance Premiums

(1) Clients or an eligible applicant (see section (2) of this rule) for a client in the OSIPM program may be reimbursed for their share of the premiums for private or employer-sponsored group health insurance if:

(a) The insurance covers a member of the benefit group (see OAR 461-110-0750);

(b) The insurance coverage is a comprehensive major medical plan that includes inpatient and outpatient hospital, physician, lab, x-ray and full prescription coverage; and

(2) An "eligible applicant" may be a non-Medicaid individual living in or outside of the household. The Department may pay a portion of or the entire premium if payment of the premium for the non-Medicaid individual is necessary in order to enroll the Department client in the group health plan (see OAR 410-120-1960).

History

Statutory/Other Authority: ORS 411.060, 411.070 & 414.042
Statutes/Other Implemented: ORS 411.060, 411.070 & 414.042
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 16-2014, f. & cert. ef. 7-1-14
SSP 35-2011, f. 12-27-11, cert. ef. 1-1-12
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
SSP 29-2009(Temp), f. & cert. ef. 10-1-09 thru 3-30-10
SSP 23-2008, f. & cert. ef. 10-1-08
SSP 10-2007, f. & cert. ef. 10-1-07
SSP 22-2004, f. & cert. ef. 10-1-04
SSP 1-2003, f. 1-31-03, cert. ef. 2-1-03
AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99
AFS 10-1998, f. 6-29-98, cert. ef. 7-1-98
AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 28-1992, f. & cert. ef. 10-1-92
AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92

Or. Admin. R. 461-135-1080 Specific Requirements; OSIPM-Healthier Oregon

(1) To be eligible for benefits under OSIPM-Healthier Oregon, an individual must meet all financial and non-financial eligibility (see OAR 461-001-0000) requirements for OSIPM programs except citizenship and noncitizen status requirements (see OAR 461-120-0110).

(2) Healthier Oregon provides a medical assistance benefit package equal to the Oregon Health Plan Plus benefit package (see OAR 410-120-1210).

(3) Individuals ages 26 through 54 who would continue to be eligible for Citizenship Waived Medical after June 30, 2023, if not for the expansion of Healthier Oregon, shall be automatically transitioned to Healthier Oregon effective July 1, 2023. Due to ORS 414.231, Citizenship Waived Medical ended on June 30, 2023.

History

Statutory/Other Authority: ORS 409.050, 411.404 & 414.231
Statutes/Other Implemented: ORS 411.060, 411.404 & 414.231
SSP 50-2023, amend filed 11/30/2023, effective 12/01/2023
SSP 24-2023, temporary amend filed 07/01/2023, effective 07/01/2023 through 12/27/2023
SSP 40-2022, adopt filed 06/29/2022, effective 07/01/2022

Or. Admin. R. 461-135-1175 Senior Farm Direct Nutrition Program

(1) The Senior Farm Direct Nutrition Program (SFDNP) provides farm direct checks to low income individuals.

(2) An individual is eligible for SFDNP if the individual meets all of the following eligibility criteria on April 1 of the calendar year in which benefits are sought:

(a) Has countable income (see OAR 461-001-0000) less than 135 percent of the Federal Poverty Level as listed in OAR 461-155-0295.

(b) Receives Medicaid or SNAP benefits.

(d) Is age 60 or older.

(3) SFDNP is funded by a grant from the United States Department of Agriculture (USDA). The Department determines the allotment amount and number of eligible individuals on an annual basis, based on the grant allocation received from the USDA.

(4) The Department may not issue more than one SFDNP allotment per participant, per year.

(5) SFDNP begins June 1 each year and ends on October 31 each year. In order to qualify for the program, the Department must receive the applicant's letter of interest by September 15 of the year in question.

(6) The Department processes applicants' letters of interest in the order in which the letters are received at the Department's central office.

(7) When the grant allocation received from the USDA is expended in its entirety, the Department closes SFDNP for the year in question.

(8) The Department determines the treatment of SFDNP benefits during the eligibility process for other programs in accordance with OAR 461-145-0190.

History

Statutory/Other Authority: ORS 409.050, 410.070, 411.060 & 411.070
Statutes/Other Implemented: ORS 409.050, 410.070, 411.060 & 411.070
Reverted to SSP 18-2010, f. & cert. ef. 7-1-10
Suspended by SSP 21-2012(Temp), f. & cert. ef. 6-8-12 thru 12-5-12
SSP 18-2010, f. & cert. ef. 7-1-10
SSP 8-2010(Temp), f. & cert. ef. 4-1-10 thru 9-28-10
SSP 28-2009, f. & cert. ef. 10-1-09
SSP 11-2009(Temp), f. & cert. ef. 6-1-09 thru 11-27-09
SSP 5-2009, f. & cert. ef. 4-1-09
SSP 17-2008, f. & cert. ef. 7-1-08
SSP 8-2008, f. & cert. ef. 4-1-08
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
SSP 8-2006, f. & cert. ef. 6-1-06

Or. Admin. R. 461-135-1185 Low-Income Subsidy Program (LIS)

The Low-Income Subsidy (LIS) program is a federal assistance program for Medicare clients who need extra help meeting their Medicare Part D prescription drug costs. The LIS program helps Medicare clients pay their monthly premium, deductible, and co-insurance costs under Part D. The LIS program is a means-tested program. All clients must qualify on the basis of household income, resources, and size as defined by the Social Security Administration.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05
SSP 8-2005(Temp), f. & cert. ef. 7-1-05 thru 10-1-05

Or. Admin. R. 461-135-1186 LIS Applications

An LIS application is complete if all of the following requirements are satisfied:

(1) The applicant satisfies the provisions of OAR 461-115-0050 and completes the Department’s forms.

(2) The applicant must submit:

(a) A certification by the applicant or personal representative, under penalty of perjury or sanction for false statement, as to the accuracy of information provided on the application form (see 42 CFR 423.904(d)(2));

(b) All required statements from financial institutions (see 42 CFR 423.904(d)(3)); and

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060
SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05
SSP 8-2005(Temp), f. & cert. ef. 7-1-05 thru 10-1-05

Or. Admin. R. 461-135-1187 Eligibility Determinations and Due Process for LIS

(1) The regulations set out at 42 CFR 423.771 to 423.774 are expressly adopted and incorporated by reference for LIS. These regulations apply to the application process, eligibility determinations, and redeterminations.

(2) The Department will send to LIS applicants a decision notice consistent with the provisions of OAR 461-175-0200 not later than the 45th day after the date of request.

(3) An applicant may appeal an adverse decision notice under the provisions of division 461-025 of the Oregon Administrative Rules.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060
SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05
SSP 8-2005(Temp), f. & cert. ef. 7-1-05 thru 10-1-05

Or. Admin. R. 461-135-1195 Specific Requirements; SFPSS Eligibility

In the SFPSS program:

(1) To be eligible, a client must meet the following requirements:

(a) Be an adult;

(b) Meet all TANF program eligibility requirements (except as provided otherwise in this rule);

(d) Have an impairment that meets the requirements in OAR 461-125-0260;

(e) File an application for Supplemental Security Income (SSI) disability benefits under the Social Security Act; and

(f) Sign an Interim Assistance Authorization authorizing the Department to recover interim SFPSS program benefits paid to the client (or paid to providers on the client's behalf) from the initial SSI payment or the initial payment after the decision on SSI eligibility. The following provisions are considered part of the Interim Assistance Authorization:

(A) Interim SFPSS program benefits include only those SFPSS program cash benefits paid to the adult, who is applying for SSI, during the period of time that the SSI benefit covers.

(B) For any month in which SSI is prorated, the Department may recover only a prorated amount of the interim SFPSS program cash benefit.

(C) If the Department does not stop delivery of an SFPSS program benefit issued after the SSI payment is made, the SFPSS program payment is included in the interim assistance reimbursement to the Department.

(2) Counting earned and unearned income.

(a) The TANF standards in OAR 461-155-0030 are used to determine eligibility for the SFPSS program.

(b) The SFPSS payment standard (see OAR 461-155-0320) is used to determine the benefit amount for the SFPSS program.

(3) A client whose impairment no longer meets the criteria in OAR 461-125-0260 is ineligible for SFPSS benefits.

(4) An SFPSS client found by the Social Security Administration (SSA) not to meet disability criteria may continue receiving SFPSS benefits until all SSA administrative appeals are exhausted.

(5) Once a client is approved for SFPSS, the client is no longer subject to OAR 461-120-0340. The client remains exempt from 461-120-0340 as long as the client is eligible for and receiving SFPSS.

(6) Each client is required to participate in the appropriate activities the Department determines necessary, including activities that promote family stability (see OAR 461-001-0000). The Department must consider the needs of an individual with a disability (see 461-001-0000), and a client's need for accommodation or modification.

(7) A client must provide the information necessary for the Department to administer the program.

(a) The necessary information includes that needed to determine appropriate activities for the client and to assess whether a client had good cause (see OAR 461-130-0327) for any failure to meet a requirement of the program.

(b) If a medical condition is in question, the Department will assist and may require the client to provide a medical opinion from a qualified and appropriate medical professional.

(8) The Department offers each client the opportunity to participate in any suitable JOBS program activity (see OAR 461-001-0025).

History

Statutory/Other Authority: ORS 411.060, 411.070, 412.006, 412.009, 412.014 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.070, 412.006, 412.009, 412.014, 412.049 & 412.084
SSP 35-2011, f. 12-27-11, cert. ef. 1-1-12
SSP 26-2011(Temp), f. 9-30-11, cert. ef. 10-1-11 thru 3-29-12
SSP 41-2010, f. 12-30-10, cert. ef. 1-1-11
SSP 5-2010, f. & cert. ef. 4-1-10
SSP 34-2009(Temp), f. & cert. ef. 11-16-09 thru 5-14-10
SSP 28-2009, f. & cert. ef. 10-1-09
SSP 12-2009(Temp), f. 6-23-09, cert. ef. 7-1-09 thru 12-28-09
SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08

Or. Admin. R. 461-135-1197 Good Cause; SFPSS

In the SFPSS program:

(1) The Department does not require a client to provide verification of good cause if providing the verification would expose the client to increased risk of domestic violence (see OAR 461-001-0000).

(2) If in making a determination under this rule, a client's physical or mental impairment is in question, the Department may require the client to provide documentation from a qualified and appropriate medical professional.

(3) A client is excused for good cause from a failure to comply with a requirement of the SFPSS program, including an activity (see OAR 461-001-0025) in a case plan (see 461-001-0025) in the following circumstances:

(a) Participation in a required activity in a case plan would have an adverse effect on or risk to the client's physical or mental health or would expose the client to increased risk of domestic violence (see OAR 461-001-0000).

(b) Participation is likely to cause undue hardship for the dependent child (see OAR 461-001-0000) or the client.

(c) When the failure to comply is caused by the failure of the Department to timely provide or authorize a support service payment.

(d) Appropriate child care, or day care for an individual in the household who has a disability (see OAR 461-001-0000) that substantially reduces or eliminates the individual's ability to care for himself or herself, cannot be obtained. "Appropriate child care" means that:

(A) Both the provider and the place where care is provided meet health, safety, and provider requirements as required in OAR 414-175-0080;

(B) The care accommodates the parent's work schedule; and

(e) The work attachment position or employment offered is vacant due to a strike, lockout, or other labor dispute.

(f) The work attachment position or employment requires the client to join a union, and the client has religious objections to unions.

(g) The client's participation in a required activity in a case plan would prevent or interfere with the client's participation in an activity of the Confederated Tribes of Grand Ronde’s NEW program.

(h) The client's failure to participate is due to a circumstance beyond his or her reasonable control.

(i) When the failure to comply is caused by an aspect of the client's disability, including the Department's failure to provide a reasonable accommodation.

(j) The client quits a job to accept another job with a monthly income at least equal to the monthly income of the first job.

(k) An individual separated from his or her most recent employment for circumstances the Department determines are reasonable.

History

Statutory/Other Authority: ORS 411.060, 412.006, 412.009, 412.014 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.070, 412.006, 412.009, 412.014 & 412.049
SSP 33-2023, minor correction filed 07/18/2023, effective 07/18/2023
SSP 5-2023, minor correction filed 01/04/2023, effective 01/04/2023
SSP 41-2010, f. 12-30-10, cert. ef. 1-1-11

Or. Admin. R. 461-135-1200 Temporary rule language in effect until 01/10/2027. Specific Requirements; TA-DVS

(1) The Temporary Assistance for Domestic Violence Survivors (TA-DVS) program addresses temporary needs of individuals --

(a) Who are currently surviviors of domestic violence (see OAR 461-001-0000), have been survivors of domestic violence , or are at risk of further domestic violence ;

(b) Whose current or future safety is at risk because of domestic violence ; and

(2) An individual must complete the application process as defined in OAR 461-115-0020. The Department is to follow the application time frames outlined under OAR 461-115-0190.

(3) An individual may provide a signature through verbal attestation to:

(a) Establish a filing date. A filing date is established when:

(A) The individual provides all the information required under OAR 461-115-0040(2); and

(B) The Department documents that the individual states their full name as their signature.

(b) Sign an application as required under OAR 461-115-0020. A verbal attestation signature is accepted when the Department documents that all the following requirements are met:

(A) “Your Rights and Responsibilities” is reviewed with, and provided to, the individual.

(B) The individual affirms that they:

(i) Understand, agree to, and will comply with their rights and responsibilities; and

(ii) Have given true, correct, and complete information to the Department,

(4) The Department is authorized by ORS 412.072 to waive or modify requirements of the Temporary Assistance for Needy Families (TANF) program that make it more difficult for individuals to escape domestic violence or put them at risk of further or future domestic violence .

(5) The Department waives the TANF requirement in OAR 461‑135‑0070(1)(a) for a pregnant individual to have reached late pregnancy if an individual is at risk of further or future domestic violence .

(6) The filing group requirements in the TA-DVS program are the same as for the TANF program (see OAR 461-110-0330), except the abuser is not considered in the filing group.

(7) The financial eligibility requirements in the TA-DVS program are the same as for the TANF program except that:

(a) A TANF grant does not count as income.

(b) Income received during the budget month (see OAR 461-001-0000) is not counted if the individual:

(A) Has already spent the money, does not have reasonable access to the money, or cannot access the money independently of the abuser;

(B) Needs the money for expenses made neccessary to flee from abuse; or

(C) Needs the money for anticipated budget month expenses, including but not limited to, rent or mortgage, utilities, childcare, medical, food, telephone, or transportation costs.

(d) The income limit is the applicable TANF Countable Income Limit Standard (OAR 461-155-0030), but the TA-DVS program uses net income, after expenses provided in subsection (6)(b) of this rule.

(e) SSI income is countable (see OAR 461-001-0000), if available in time to meet the emergent need (the immediate safety need) of the individual.

(8) The non-financial requirements in the TA-DVS program are the same as for the TANF program except that:

(a) Citizenship and noncitizen status requirements (OAR 461-120-0110) are waived.

(b) There are no requirements to assign support rights.

(d) There is no requirement of regular school attendance (OAR 461-120-0510), except that if the only dependent child (see OAR 461-001-0000) is at least the age of 18, the dependent child must meet requirements of OAR 461-120-0510.

(e) The individual is not required to participate in an employment program.

(f) The Department waives the ineligibility of a parent (see OAR 461-001-0000) or caretaker relative (see OAR 461-001-0000) who is a striker (see OAR 461-130-0328).

(9) Verification in the TA-DVS program is required as in the TANF program except that:

(a) Verification of non-financial eligibility factors is postponed if the delay in finding the individual eligible would prevent the individual from meeting an emergent need.

(b) Self-attestation (see OAR 461-115-0610) may be accepted for financial eligibility factors when not questionable and income verification is unavailable.

(10) No verification is required that the individual is a survivor of domestic violence or needs to flee from abuse unless:

(a) The individual has been arrested for or convicted of an act of domestic violence in the past and it is uncertain whether the individual is a survivor of domestic violence . In this situation, the Department verifies whether the individual is currently a survivor of domestic violence .

(b) It is unclear who the survivor is because multiple individuals list each other as the survivor during overlapping applications or certification periods.

(11) Verification as needed in situations described in subsections (10)(a) and (10)(b) of this rule includes, but is not limited to, a statement from a law enforcement officer, a district attorney, the court, a batterer intervention program, a victim's advocate, a Child Welfare staff person, a mental health provider, a health care or other medical provider, a member of the clergy, or other professional from whom the individual has requested assistance to address the alleged domestic violence indicating that the individual is a survivor of domestic violence or is a self-defending survivor. This statement is adequate verification. If no verification is available, the Department's central office TA-DVS Policy Analyst may assist in determining what other verification is acceptable.

(12) The following TANF requirements remain in effect as described even if an individual is a survivor of domestic violence or at risk of further domestic violence :

(a) The TANF requirements in OAR 461-135-0070 to be a dependent child , a caretaker relative , or a parent .

(b) The TANF requirement in OAR 461-120-0630 that a dependent child live with a caretaker relative, except the latter requirement may be waived while the caretaker relative escapes from further or future domestic violence if the dependent child is expected to return within the 90-day certification period (see OAR 461-001-0000).

(c) The TANF requirement of residency (see OAR 461-120-0010) except when an individual does not intend to stay in Oregon if the reason for leaving is due to their current domestic violence situation.

(d) Income or resource limits except as specifically provided in OAR 461-140-0020 and OAR 461-140-0040.

History

Statutory/Other Authority: ORS 409.050, 411.060, 412.049 & 412.072
Statutes/Other Implemented: ORS 409.010, 411.060, 412.049, 45 CFR 260.50 - 260.55 & 412.072
SSP 32-2026, temporary amend filed 07/14/2026, effective 07/15/2026 through 01/10/2027
SSP 29-2024, amend filed 03/26/2024, effective 04/01/2024
SSP 44-2020, amend filed 12/22/2020, effective 01/01/2021
SSP 31-2020, temporary amend filed 09/04/2020, effective 09/04/2020 through 03/02/2021
SSP 21-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06
SSP 34-2017, amend filed 12/18/2017, effective 01/01/2018
SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05
AFS 13-2002, f. & cert. ef. 10-1-02
AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99
AFS 25-1998, f. 12-28-98, cert. ef. 1-1-99
AFS 17-1998, f. & cert. ef. 10-1-98
AFS 19-1997, f. & cert. ef. 10-1-97

Or. Admin. R. 461-135-1230 Benefits; TA-DVS

In the Temporary Assistance for Domestic Violence Survivors (TA-DVS) program:

(1) An individual may receive TA-DVS program benefits for up to 90 days from the date the individual was found eligible.

(a) Two 90-day certification periods may not overlap.

(b) Once a 90-day certification period (see OAR 461-001-0000) has expired, the individual may reapply for TA-DVS program benefits under OAR 461-135-1200(2).

(2) An individual may receive benefits simultaneously from the TA-DVS and Temporary Assistance for Needy Families (TANF) programs.

(3) An individual may receive benefits under the TA-DVS program during the 90-day certification period not to exceed:

(a) $1,200 for individuals whose certification period ended prior to August 11, 2024; or

(b) $3,200 for individuals in a certification period on or after August 11, 2024.

(4) The Department (see OAR 461-001-0000) does not make payments –

(a) After the 90-day certification period unless payment verification was received by the Departmentby day 90 and payment was not able to be issued due to Department error.

(b) Notwithstanding subsection (a) of this section, more than 10 days after the last day of the certification period .

(5) When approving TA-DVS payments, the Department must consider lower cost alternatives. Benefits issued under this rule are not intended to replace funding that is available in the community. The expectation is that Department staff and individuals work collaboratively to seek resources that are reasonably available to the individual.

(6) TA-DVS benefits address a specific crisis situation or episode of need related to the individual’s domestic violence (see OAR 461-001-0000) situation (such as securing new or temporary housing, payment of security deposit, first month's rent, moving expenses, furniture, and clothing replacement). TA-DVS benefits are not utilized to meet current ongoing or recurrent needs expected to continue beyond the 90-day certification period and are not used for the following items even if the individual believes the item would contribute to the individual’s safety:

(a) Payments that benefit the abuser;

(b) Payment for fines, reinstatement fees, restitution, legal or civil fees (including attorney fees and expungement), court costs, or other costs associated with a legal penalty;

(c) Payment of outstanding or past due costs such as rent or utilities when the individual does not intend to stay in the residence or the need for the payment was not related to the current domestic violence situation;

(d) Payment of a pet fee (unless the pet is a service animal, and only when the service status has been verified by a qualified and appropriate medical professional);

(e) Payment for relocation of household or personal belongings from another state;

(f) Purchase of a car or recreational vehicle, including a travel trailer;

(g) Purchase of a firearm, other weapon, or items intended to be used as self-defense;

(h) Purchase of furniture unless --

(A) The furniture was left behind when the individual fled domestic violence, or it was damaged or stolen as a result of domestic violence ;

(B) The furniture is essential to setting up a household (such as a bed, dresser, dining room table and chairs, couch); and

(i) Purchase of a non-essential item or service such as a television, cable, or satellite even if such an item or service was left behind when the individual fled the domestic violence situation;

(j) Purchase of a pet or guard animal; or

(k) Payment of a request about which inaccurate information was provided.

(7) The Department may require an individual to provide verification of a need for, or costs associated with, payments, prior to approval and issuance of payments if verification is reasonably available.

(8) The individual and the Department prepare a case plan that identifies activities necessary to enhance the safety of the family. The case plan identifies the payments the Department makes to meet the needs for shelter, food and relocation or other services that will enhance safety.

(9) An individual’s available liquid resources may be considered when developing the case plan.

(10) A payment may be issued as a dual-payee or vendor-pay check to meet a specific need or to enhance safety

(11) Reimbursements are not an allowable payment unless payment was pre-authorized by the Departmentand the reason for purchase was related to the current episode of need related to the domestic violence situation.

History

Statutory/Other Authority: 411.060, ORS 409.050, 411.070 & 412.049
Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 412.049, 412.072, 45 CFR 75.404, 45 CFR 260.20 & 2 CFR 200.404
SSP 29-2026, amend filed 06/29/2026, effective 07/01/2026
SSP 18-2026, temporary amend filed 03/16/2026, effective 03/16/2026 through 09/11/2026
SSP 60-2024, amend filed 12/30/2024, effective 01/01/2025
SSP 56-2024, temporary amend filed 10/01/2024, effective 10/01/2024 through 02/06/2025
SSP 46-2024, temporary amend filed 08/07/2024, effective 08/11/2024 through 02/06/2025
SSP 29-2024, amend filed 03/26/2024, effective 04/01/2024
SSP 34-2017, amend filed 12/18/2017, effective 01/01/2018
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
SSP 5-2009, f. & cert. ef. 4-1-09
SSP 10-2007, f. & cert. ef. 10-1-07
SSP 8-2004, f. & cert. ef. 4-1-04
AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00
AFS 9-1999, f. & cert. ef. 7-1-99

Or. Admin. R. 461-135-1235 TA-DVS; Right to Hearing

A client whose application is denied or who does not receive a decision on an application by the close of the second business day following the date the application is complete is entitled to an expedited hearing (see OAR 461-025-0315). A dispute over the amount of any payment provided to or for the client is resolved in an expedited hearing; other disputes about the contents of a case plan are resolved through re-engagement.

History

Statutory/Other Authority: ORS 411.060 & 412.049
Statutes/Other Implemented: ORS 411.060, 412.049 & 412.072
SSP 23-2024, minor correction filed 03/18/2024, effective 03/18/2024
SSP 23-2008, f. & cert. ef. 10-1-08
SSP 8-2004, f. & cert. ef. 4-1-04
AFS 9-1999, f. & cert. ef. 7-1-99

Or. Admin. R. 461-135-1240 TA-DVS Program; Pandemic

This rule applies to the TA-DVS program and is reserved for use in case of a pandemic.

History

Statutory/Other Authority: ORS 84.001 to 84.061, 409.050, 411.060, 412.049 & 412.072
Statutes/Other Implemented: ORS 84.001 to 84.061, 411.060, 412.049, 409.010, 45 CFR 260.50 & 412.072
SSP 22-2024, minor correction filed 03/18/2024, effective 03/18/2024
SSP 36-2020, adopt filed 10/01/2020, effective 10/01/2020
SSP 32-2020, temporary adopt filed 09/04/2020, effective 09/04/2020 through 10/06/2020
SSP 26-2020, temporary adopt filed 08/03/2020, effective 08/03/2020 through 10/06/2020
SSP 8-2020, temporary adopt filed 04/10/2020, effective 04/10/2020 through 10/06/2020

Or. Admin. R. 461-135-1250 Closure of Post-TANF Program

Notwithstanding any other administrative rule in Chapter 461, effective April 30, 2012 the Post-TANF program funding ends. Continuation of Post-TANF benefits is not authorized after April 30, 2012, regardless of whether a hearing request on Post-TANF is submitted or pending.

History

Statutory/Other Authority: ORS 411.060, 411.070, 412.006, 412.009, 412.049 & 412.124
Statutes/Other Implemented: ORS 411.060, 411.070, 412.006, 412.009, 412.049 & 412.124
SSP 26-2021, amend filed 03/24/2021, effective 04/01/2021
SSP 15-2016, f. & cert. ef. 4-1-16
SSP 30-2012, f. 9-28-12, cert. ef. 10-1-12
SSP 15-2012(Temp), f. & cert. ef. 4-13-12 thru 10-9-12
SSP 14-2012(Temp), f. & cert. ef. 4-12-12 thru 10-9-12
[SSP 13-2011(Temp), f. & cert. ef. 6-15-11 thru 12-12-11; Suspended by SSP 14 2011(Temp), f. & cert. ef. 6-29-11 thru 12-12-11]
SSP 41-2010, f. 12-30-10, cert. ef. 1-1-11
SSP 29-2010(Temp), f. & cert. ef. 8-16-10 thru 2-12-11
SSP 5-2009, f. & cert. ef. 4-1-09
SSP 25-2008(Temp), f. 12-31-08, cert. ef. 1-1-09 thru 6-30-09
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08

Or. Admin. R. 461-135-1260 Specific Requirements: Job Participation Incentive

(1) Eligibility for the Job Participation Incentive (JPI) program is subject to the availability of funds. The Department (see OAR 461-001-0000) may suspend the program whenever the Department determines that sufficient funding is not available to sustain benefits.

(2) This rule explains specific requirements of JPI. The JPI food benefit provides $35 per month for qualifying Supplemental Nutrition Assistance Program (SNAP) households with a dependent child (see OAR 461-001-0000) under age 18.

(3) An individual eligible for JPI may receive a $35 monthly food benefit.

(a) The individual receives the $35 incentive payment starting the month the Department receives documentation that all enrollment criteria in section (5) of this rule have been met.

(b) There are no partial months of JPI benefits.

(4) As used in this rule, a “two-parent household” refers to a SNAP household group (see OAR 461-110-0210) that contains a dependent child under age 18 and the dependent child's two parents.

(5) To receive JPI, an individual must be in a SNAP filing group (see OAR 461-110-0370) and meet the requirements of all of the following subsections:

(a) Be working at an unsubsidized paid employment that meets the federally required participation rates (see OAR 461-001-0025) and total countable (see OAR 461-001-0000) income is at or below 200 percent of the federal poverty level (see OAR 461-155-0180). For self-employment or piece rate work, the hours of work must be equivalent to the required average weekly hours at federal minimum wage. An individual must meet the requirements of at least one of the following paragraphs:

(A) Be a single parent (see OAR 461-001-0000) of a dependent child under six years of age and working at an unsubsidized paid employment for an average of at least 20 weekly hours.

(B) Be a single parent of a dependent child at least six years of age and under 18 years of age, and working at an unsubsidized paid employment for an average of at least 30 weekly hours.

(b) Provide the Department with employer-produced documents of paid, unsubsidized work hours covering a consecutive two-week period that has occurred within the last 60 days.

(d) Provide employer-produced documents of paid, unsubsidized work hours each time requested by the Department and no later than the last day of the sixth month following the date the individual provides the verification of work hours in accordance with subsections (a) and (b) of this section.

(e) Be an eligible adult in a SNAP benefit group (see OAR 461-110-0750) and the parent of an eligible dependent child under age 18 in the same SNAP benefit group .

(f) Not be receiving any Employment Payments (see OAR 461-001-0025 and 461-135-1270), State Family Pre-SSI/SSDI (SFPSS), or Temporary Assistance for Needy Families (TANF) program benefits in the same month.

(g) Must not be part of a two-parent household (see section (4) of this rule).

(h) Eligible adults must provide the following to the Department :

(A) Marital status; and

(B) Any housing subsidy information requested by the Department .

(6) To remain eligible for JPI, an individual must meet all requirements in section (5) of this rule and all SNAP eligibility and reporting requirements (see OAR 461-170-0011).

(7) Household income in JPI is calculated in accordance with all SNAP financial rules.

(8) An individual is no longer eligible for JPI when it has been determined that the individual does not meet federally required participation rates and requirements due to any of the following:

(a) Loss of employment.

(b) A reduction in work hours.

(d) The individual no longer has a dependent child under age 18 in their SNAP benefit group .

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070 & 412.049
Statutes/Other Implemented: ORS 409.010, 411.060, 411.070 & 412.049
SSP 27-2025, amend filed 12/23/2025, effective 01/01/2026
SSP 19-2025, temporary amend filed 09/10/2025, effective 09/11/2025 through 03/08/2026
SSP 53-2023, amend filed 12/21/2023, effective 01/01/2024
SSP 47-2023, amend filed 09/25/2023, effective 10/01/2023
SSP 47-2022, amend filed 09/20/2022, effective 09/27/2022
SSP 33-2022, temporary amend filed 03/31/2022, effective 04/01/2022 through 09/27/2022
SSP 26-2021, amend filed 03/24/2021, effective 04/01/2021
SSP 24-2014, f. & cert. ef. 10-1-14
SSP 14-2014(Temp), f. & cert. ef. 6-26-14 thru 12-23-14
SSP 30-2012, f. 9-28-12, cert. ef. 10-1-12
SSP 19-2012(Temp), f. 5-23-12, cert. ef. 5-24-12 thru 10-28-12
SSP 17-2012(Temp), f. & cert. ef. 5-1-12 thru 10-28-12
SSP 10-2012, f. 3-29-12, cert. ef. 3-30-12
SSP 26-2011(Temp), f. 9-30-11, cert. ef. 10-1-11 thru 3-29-12

Or. Admin. R. 461-135-1270 Specific Requirements; Employment Payments

(1) Effective April 1, 2016, a benefit group (see OAR 461-110-0630) that includes an individual who meets the requirements in section (2) of this rule is eligible to receive $225 in Employment Payments (see OAR 461-001-0025) paid over three months as provided in section (3) of this rule.

(2) To be eligible for three months of Employment Payments , an individual in the benefit group (see OAR 461-110-0750) or an individual not in the benefit group due to the time limit in OAR 461-135-0071 must meet all of the following requirements:

(a) Have obtained unsubsidized paid employment and reported it timely in accordance with TANF program requirements (OAR 461-170-0011).

(b) Have been a JOBS eligible or JOBS volunteer (see OAR 461-130-0310) individual who closed TANF for one of the following reasons:

(A) Became ineligible for the Pre-TANF, SFPSS or TANF programs due to income above the applicable income standard in OAR 461-155-0030.

(B) Became ineligible for the Pre-TANF, SFPSS or TANF programs due to TANF benefit amount being less than $10.00 in accordance with OAR 461-135-0070.

(C) Became ineligible for the SFPSS or TANF programs at renewal due to anticipated income above the applicable income standard in OAR 461-155-0030.

(D) Voluntarily closed TANF to avoid accruing time toward the time limit in OAR 461-135-0071.

(E) Voluntarily closed TANF to be eligible for TBA (see OAR 461-135-0506).

(d) Remain at or below 350 percent FPL in OAR 461-155-0180.

(3) Employment Payments begin the month following the month in which Pre-TANF, SFPSS, or TANF benefits close. Payments are limited to one payment per month per benefit group . Payments may not be prorated and are paid in the following amounts and order:

(a) $100 the first month after benefits close.

(b) $75 the second month after benefits close.

(4) An individual receiving Employment Payments is not eligible for JOBS Plus or JPI (see OAR 461-135-1260).

(5) Employment Payments end when:

(a) An individual is approved for REF, Pre-TANF, SFPSS, or TANF program benefits;

(b) An individual is a member of a filing group (see OAR 461-110-0330) approved for REF, Pre-TANF, SFPSS, or TANF program benefits;

(d) An individual loses unsubsidized paid employment and the loss is verified by the Department.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 412.049 & 412.124
Statutes/Other Implemented: ORS 409.050, 411.060, 411.070, 412.049 & 412.124
SSP 47-2023, amend filed 09/25/2023, effective 10/01/2023
SSP 59-2022, amend filed 12/27/2022, effective 01/01/2023
SSP 41-2022, amend filed 06/30/2022, effective 07/01/2022
SSP 30-2022, temporary amend filed 03/01/2022, effective 03/01/2022 through 08/27/2022
SSP 49-2021, amend filed 09/23/2021, effective 10/01/2021
SSP 32-2021, temporary amend filed 06/03/2021, effective 06/03/2021 through 11/29/2021
SSP 5-2020, amend filed 03/30/2020, effective 04/01/2020
SSP 22-2017, f. 9-8-17 & cert. ef. 10-1-17
SSP 15-2016, f. & cert. ef. 4-1-16

Or. Admin. R. 461-135-1511 Pandemic Electronic Benefits Transfer (P-EBT)

(1) OARs 461-135-1511 through 461-135-1515 apply to Pandemic Electronic Benefits Transfer (P-EBT). Except as provided for in OARs 461-135-1511 through 461-135-1515, P-EBT is not subject to Chapter 461 rules.

(2) P-EBT is a food benefit intended to reimburse eligible individuals for the value of the free or reduced-priced meals and snacks usually provided at school or child care centers. Any person using an Electronic Benefits Transfer (EBT) card issued on behalf of a P-EBT eligible individual shall spend the P-EBT benefits to provide meals and snacks to the P-EBT eligible individual.

(3) Although P-EBT benefits are issued to an EBT account linked to an EBT card, P-EBT is separate and apart from the SNAP program.

(4) P-EBT is administered in partnership between ODHS and the Oregon Department of Education Child Nutrition Program.

(5) The following definitions apply to OAR 461-135-1511 to 461-135-1515:

(a) "FNS" refers to the Food and Nutrition Service, United States Department of Agriculture.

(b) “NSLP” refers to the National School Lunch Program.

(c) “NSLP school” refers to an Oregon public school, nonprofit private school, or residential child care institution that is a sponsor of the National School Lunch Program (NSLP).

(d) “NSLP students” and “NSLP student” refer to individuals enrolled in Oregon public schools, nonprofit private schools, or residential child care institutions that provide meal service as a sponsored National School Lunch Program (NSLP) school.

(e) “ODE” refers to the Oregon Department of Education.

(f) "P-EBT" refers to Pandemic Electronic Benefits Transfer.

(g) “SNAP participants” and “SNAP participant” refer to individuals who are a member of a SNAP filing group (see OAR 461-110-0370) that received more than $0 in SNAP benefits.

History

Statutory/Other Authority: ORS 411.806 - 411.845
Statutes/Other Implemented: ORS 411.806 - 411.845
SSP 59-2022, amend filed 12/27/2022, effective 01/01/2023
SSP 51-2022, temporary amend filed 10/13/2022, effective 10/15/2022 through 04/12/2023
SSP 28-2022, renumbered from 461-135-1501, filed 02/23/2022, effective 02/23/2022
SSP 27-2022, amend filed 02/16/2022, effective 02/17/2022
SSP 44-2021, temporary amend filed 07/22/2021, effective 07/22/2021 through 01/17/2022
SSP 43-2021, renumbered from 461-135-0498, filed 07/22/2021, effective 07/22/2021
SSP 5-2010, f. & cert. ef. 4-1-10

Or. Admin. R. 461-135-1512 Application and Eligibility; P-EBT

(1) Program Period September 2022 through May 2023 (School Year 2022-2023)

(a) There is no application for P-EBT program period September 2022 through May 2023.

(b) Children will be eligible for P-EBT in each month from September 2022 to May 2023 based on the following criteria:

(A) Were part of a household that received more than $0 in SNAP for at least one month between September 2022 and May 11, 2023; and

(B) Under six years of age.

(c) Children that were part of a household that applied for SNAP benefits on or after May 12, 2023, are not eligible for P-EBT

(2) Program Period June 2023 through August 2023 (Summer 2023)

(a) There is no application for P-EBT program period June 2023 through August 2023.

(b) NSLP students will be eligible for P-EBT from June 2023 through August 2023 based on the following criteria:

(A) An NSLP student is eligible for P-EBT if, by May 2023, the NSLP student was enrolled at a school that provides meal service as a sponsored NSLP school , and they meet one of the following:

(i) Was determined income eligible based on NSLP eligibility criteria as determined by Oregon Department of Education (ODE), the local education agency, or a state agency that ODE has designated to determine student eligibility for P-EBT;

(ii) Was a SNAP participant or part of a household that received TANF for at least one month between June 2023 and August 2023;

(iii) Enrolled with the Food Distribution Program on Indian Reservations (FDPIR);

(iv) Was a youth placed in foster care;

(v) Participant in the Migrant Education Program (MEP); or

(vi) Participant in the McKinney-Vento Act's Education of Homeless Children and Youth Program.

(B) P-EBT eligibility is determined by the child’s school designation as a sponsored NSLP school.

(C) NSLP students who submitted a free or reduced price meals application by August 31, 2023 and are determined eligible under federal income limits will receive P-EBT benefits back to the start of the P-EBT program period.

(D) NSLP Students who are determined eligible for free and reduced meals under Oregon’s Extended Income Limits and were not SNAP participants beginning October 1, 2020, are not eligible for P-EBT.

(E) School children who are homeschooled, enrolled in a virtual charter school, or enrolled in a school that does not participate in NSLP are not eligible for P-EBT.

(F) Children under the age of 6 who are part of an active SNAP case between June 2023 and August 2023 are not eligible for P-EBT.

History

Statutory/Other Authority: ORS 411.816
Statutes/Other Implemented: ORS 411.816, PL 116-127, PL 116-159, PL116-260 & PL 117-2
SSP 47-2023, amend filed 09/25/2023, effective 10/01/2023
SSP 26-2023, temporary amend filed 07/13/2023, effective 07/15/2023 through 01/10/2024
SSP 2-2023, minor correction filed 01/04/2023, effective 01/04/2023
SSP 59-2022, amend filed 12/27/2022, effective 01/01/2023
SSP 51-2022, temporary amend filed 10/13/2022, effective 10/15/2022 through 04/12/2023
SSP 27-2022, adopt filed 02/16/2022, effective 02/17/2022

Or. Admin. R. 461-135-1513 Benefit Amount and Issuance of Benefit; P-EBT

(1) Program Period September 2022 through May 2023 (School Year 2022-2023)

(a) P-EBT Benefit Standard

(A) The monthly P-EBT benefit is $64 for each month a child is eligible within the program period September 2022 through April 2023.

(B) The monthly P-EBT benefit is $29 for a child that is eligible for the program for May 2023

(C) P-EBT benefits will be issued to the SNAP case of which the child was a filing group (see OAR 461-110-0370) member.

(D) P-EBT benefits will be issued through a batch issuance.

(b) P-EBT benefits will be issued according to the following schedule:

(A) Initial issuance no sooner than July 30, 2023.

(B) A resolution issuance, for children who did not receive the initial issuance, no later than November 30, 2023.

(C) There will be no additional reconciliation or issuance of benefits for children who were not issued P-EBT during the dates in paragraphs (A) or (B) of this subsection.

(D) P-EBT benefits, once issued, shall not be transferred to another EBT account.

(2) Program Period June 2023 through August 2023 (Summer 2023)

(a) P-EBT Benefit Standard

(A) The P-EBT benefit is $120 for the P-EBT program period.

(B) P-EBT benefits will be issued to the Electronic Benefit Transfer (EBT) card provided for P-EBT Summer 2022 benefits if the child previously received P-EBT benefits.

(C) If the child did not previously receive P-EBT benefits, the P-EBT benefits will be issued through a separate Electronic Benefit Transfer (EBT) card for each eligible individual.

(D) P-EBT benefits will be issued through a batch issuance.

(b) P-EBT benefits will be issued according to the following schedule:

(A) Initial issuance no sooner than August 15, 2023.

(B) A resolution issuance for children who did not receive the initial issuance no later than November 30, 2023.

(C) There will be no additional reconciliation or issuance of benefits for children who were not issued P-EBT during the dates detailed in (A) or (B) of this subsection.

(D) P-EBT benefits, once issued, shall not be transferred to another EBT account.

History

Statutory/Other Authority: ORS 411.816
Statutes/Other Implemented: ORS 411.816, PL 116-127, PL 116-159, PL116-260 & PL 117-2
SSP 47-2023, amend filed 09/25/2023, effective 10/01/2023
SSP 26-2023, temporary amend filed 07/13/2023, effective 07/15/2023 through 01/10/2024
SSP 59-2022, amend filed 12/27/2022, effective 01/01/2023
SSP 51-2022, temporary amend filed 10/13/2022, effective 10/15/2022 through 04/12/2023
SSP 27-2022, adopt filed 02/16/2022, effective 02/17/2022

Or. Admin. R. 461-135-1514 Benefit Access and Use; P-EBT

(1) P-EBT benefit eligibility is based solely on the individual circumstances of the child, therefore, P-EBT benefits issued to an EBT account are to be used to provide meals and snacks for the P-EBT eligible individual.

(2) For P-EBT benefits issued by EBT:

(a) The Department considers benefits received when an EBT card has been received, a personal identification number (PIN) has been selected, and the benefits have been issued and made available to the individual in their EBT account.

(b) The Department considers benefits available as provided under OAR 461-165-0100.

(c) Unused benefits remain available for client access for 274 days from the date the benefits were made available in the EBT account.

(d) Unused benefits are expunged by the oldest benefit allotment after 274 days if none of the benefits have been used during 274 days. “Used” includes a purchase or withdrawal of any amount.

(e) If benefit expungement is delayed past the required 274 days for any reason, all unused benefits that have reached or exceeded the 274 days shall be expunged at the earliest date possible.

(f) Expunged benefits shall not be restored to the client.

History

Statutory/Other Authority: ORS 411.816
Statutes/Other Implemented: ORS 411.816, PL 116-127, PL 116-159, PL116-260 & PL 117-2
SSP 59-2022, amend filed 12/27/2022, effective 01/01/2023
SSP 51-2022, temporary amend filed 10/13/2022, effective 10/15/2022 through 04/12/2023
SSP 27-2022, adopt filed 02/16/2022, effective 02/17/2022

Or. Admin. R. 461-135-1515 Hearings, Claims, and Liability; P-EBT

(1) Excepting an overpayment (see OAR 461-195-0501) or an intentional program violation (see OAR 461-195-0601), there is no right to a contested case hearing to dispute P-EBT and no right to continuing benefits. The Department adopts the general hearings rule provisions (see division 025 of Chapter 461) for allowed contested case hearings.

(2) The Department adopts the SNAP program intentional program violation rule provisions (see OARs 461-195-0601 through 461-195-0621) for P-EBT when an individual:

(a) Accesses or uses P-EBT benefits outside of intended access or use under OARs 461-135-1511(2) or 461-135-1514(1),

(b) Makes a false or misleading statement; misrepresents, conceals or withholds a fact relating to use, presentation, transfer, acquisition, receipt, or possession; or traffics P-EBT (as defined under “trafficking” (see OAR 461-195-0601(2)) for the SNAP program), or

(c) Commits any act that constitutes a violation of P-EBT FNS regulations, or any state statute relating to the use, presentation, transfer, acquisition, receipt, possession, or trafficking of benefits.

(3) The Department adopts the SNAP program overpayment rule provisions in OARs 461-195-0501 through 461-195-0621 for P-EBT when an intentional program violation is established.

History

Statutory/Other Authority: ORS 411.816
Statutes/Other Implemented: ORS 411.816, PL 116-127, PL 116-159, PL116-260 & PL 117-2
SSP 27-2022, adopt filed 02/16/2022, effective 02/17/2022

Division 140 GENERAL FINANCIAL ELIGIBILITY

Or. Admin. R. 461-140-0010 Assets; Income and Resources

(1) An available asset, either income or a resource, is categorized as either excluded or countable (defined in OAR 461-001-0000).

(2) The availability of resources is covered in OAR 461-140-0020.

(3) The availability of income is covered in OAR 461-140-0040.

(4) Excluded assets are identified in the rules in this chapter (see divisions 140 and 145 in particular) and are not considered when an individual's eligibility and benefit level are determined.

(5) For Medicare Savings Programs (see OAR 461-001-0000) and Oregon Supplemental Income Program Medical (OSIPM), an asset excluded pursuant to a rule in OAR Chapter 461 remains excluded as long as the asset is used in a manner consistent with the rule that provided the exclusion.

(6) An available asset not specifically excluded is countable, and its value is used in determining the eligibility and benefit level of an individual.

(7) An asset may not be counted as a resource and as income in the same month.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.816 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.070, 411.816 & 412.049
SSP 31-2026, amend filed 07/06/2026, effective 07/06/2026
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 17-2008, f. & cert. ef. 7-1-08
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
AFS 10-2000, f. 3-31-00, cert. ef. 4-1-00
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-140-0020 Availability of Resources

(1) Except as provided in sections (2) to (4) of this rule:

(a) In the Supplemental Nutrition Assistance Program (SNAP), a resource owned jointly by an individual and another person is available in its entirety to the individual.

(b) In all other programs, jointly-owned resources are available to members of a financial group (see OAR 461-110-0530) only to the extent they own the resource. For the purposes of this rule, "liquid resources" means cash as well as other resources that can be converted to cash within 20 business days.

(2) A resource is not available to an individual in each of the following situations:

(a) The individual has a legal interest in the resource, but the resource is not in the individual's possession and the individual is unable to gain possession of it. In the Refugee Assistance (REF) and Refugee Assistance Medical (REFM) programs, if a resource remains in the applicant's country of origin, it is not available.

(b) The resource is jointly owned with others not in the financial group who are unwilling to sell their interest in the resource, and the individual's interest is not reasonably saleable.

(c) The individual verifiably lacks the competence to gain access to or use the resource and there is no legal representative available to act on the individual's behalf.

(d) The individual is a victim of domestic violence (see OAR 461-001-0000) and:

(A) Attempting to use the resource would subject the individual to risk of domestic violence; or

(B) The individual is using the resource to avoid the abusive situation.

(e) Except as provided in OAR 461-145-0540, the resource is included in an irrevocable or restricted trust and may not be used to meet the basic monthly needs of the financial group.

(f) In the Oregon Supplemental Income Program Medical (OSIPM) and Qualified Disabled and Working Individual (QDWI) programs, there is a legal bar to the sale of the resource.

(3) A resource is not considered available during the time the owner does not know he or she owns the resource.

(4) If a resource is subject to an early withdrawal penalty, the amount of the penalty is not available.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.706, 411.816, 412.014, 412.049, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.010, 409.050, 411.060, 411.070, 411.404, 411.706, 411.816, 412.014, 412.049, 413.085, 414.685 & 414.839
SSP 31-2026, amend filed 07/06/2026, effective 07/06/2026
SSP 23-2019, amend filed 10/21/2019, effective 10/22/2019
SSP 28-2018, amend filed 09/06/2018, effective 10/01/2018
SSP 35-2015, f. 12-23-15, cert. ef. 1-1-16
SSP 25-2015, f. 9-29-15, cert. ef. 10-1-15
SSP 15-2014, f. & cert. ef. 7-1-14
SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 10-2007, f. & cert. ef. 10-1-07
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
AFS 12-2001, f. 6-29-01, cert. ef. 7-1-01
AFS 10-2000, f. 3-31-00, cert. ef. 4-1-00
AFS 25-1998, f. 12-28-98, cert. ef. 1-1-99
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 6-1994, f. & cert. ef. 4-1-94
AFS 17-1992, f. & cert. ef. 7-1-92
AFS 8-1992, f. & cert. ef. 4-1-92
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-140-0040 Determining Availability of Income

(1) This rule describes the date income is considered available, what amount of income is considered available, and situations in which income is considered unavailable.

(2) Income is considered available the date it is received or the date a member of the financial group (see OAR 461-110-0530) has a legal right to the payment and the legal ability to make it available, whichever is earlier, except as follows:

(a) Income usually paid monthly or on some other regular payment schedule is considered available on the regular payment date if the date of payment is changed because of a holiday or weekend.

(b) Income withheld or diverted at the request of an individual is considered available on the date the income would have been paid without the withholding or diversion.

(d) Income that is averaged, annualized, converted, or prorated is considered available throughout the period for which the calculation applies.

(e) A payment due to a member of the financial group , but paid to a third party for a household expense, is considered available when the third party receives the payment.

(f) In prospective budgeting, income is considered available in the month the income is expected to be received (see OAR 461-150-0020).

(g) For Medicare Savings Programs (see OAR 461-001-0000) and Oregon Supplemental Income Program Medical (OSIPM), except for self-employment (see OAR 461-145-0915), wages that are earned in one period of time but paid in another are considered available when they are received, such as a teacher who works for nine months but is paid over twelve.

(3) The following income is considered available even if not received:

(a) Deemed income.

(b) In the Refugee Assistance (REF), Refugee Assistance Medical (REFM), and Temporary Assistance for Needy Families (TANF) programs, the portion of a payment from an assistance program, such as public assistance, unemployment compensation, or Social Security, withheld to repay an overpayment.

(c) For Medicare Savings Programs and OSIPM, the portion of a payment from an assistance program (such as public assistance, unemployment compensation, or Social Security) withheld to repay an overpayment of the same source:

(A) If withheld prior to July 1, 2014.

(B) If withheld on or after July 1, 2014 and:

(i) No member of the financial group was receiving Medicare Savings Programs or OSIPM during the period the benefit was overpaid; or

(ii) The withheld amount is not excluded under paragraph (5)(e)(A) of this rule.

(d) In the Supplemental Nutrition Assistance Program (SNAP), the portion of a payment from the TANF program counted as disqualifying income under OAR 461-145-0105.

(4) The amount of income considered available is the gross before deductions, such as garnishments, taxes, or other payroll deductions including flexible spending accounts.

(5) The following income is not considered available:

(a) Wages withheld by an employer in violation of the law.

(b) Income received by another individual who does not pay the benefit applicant or recipient their share.

(d) Moneys withheld from or returned to the source of the income to repay an overpayment from that source unless the repayment is countable (see OAR 461-001-0000):

(A) In the SNAP program, under OAR 461-145-0105.

(B) In the REF, REFM, and TANF programs, under subsection (3)(b) of this rule.

(e) For Medicare Savings Programs and OSIPM:

(A) The portion of a payment from an assistance program, such as public assistance, unemployment compensation, or Social Security withheld on or after July 1, 2014 to repay an overpayment from the same source if at least one member of the financial group was receiving Medicare Savings Programs or OSIPM during the period the benefit was overpaid. The amount considered unavailable cannot exceed the amount of the overpaid benefit previously counted in determining eligibility (see OAR 461-001-0000) for Medicare Savings Programs or OSIPM.

(B) Monies withheld from or returned to a source of income, when the source is not an assistance program, to repay an overpayment of the same source.

(C) Unearned income not received because a payment was reduced to cover expenses incurred by a member of the financial group to secure the payment. (For example, if a retroactive check is received from a benefit program other than Supplemental Security Income (SSI), legal fees connected with the claim are subtracted to determine available income. Or, if payment is received for damages received as a result of an accident the amount of legal, medical, or other expenses incurred by a member of the financial group to secure the payment are subtracted to determine available income.)

(D) For an individual determined eligible for community-based care (see OAR 461-155-0630) or nursing facility services:

(i) Income that cannot be accessed due to incapacity shall be considered unavailable for up to three months while a legal or financial representative is being established, if necessary to secure placement.

(ii) Unavailability may be extended past the initial three months if additional time is needed to establish a legal or financial representative.

(iii) Unavailability of income under this paragraph is subject to approval by the APD Medicaid Financial Eligibility policy unit at initial request and for any extension.

(f) For an individual who is not self-employed, income required to be expended on an ongoing, monthly basis on an expense necessary to produce the income, such as supplies or rental of work space.

(g) Income received by the financial group but intended and used for the care of an individual not in the financial group as follows:

(A) If the income is intended both for an individual in the financial group and an individual not in the financial group , the portion of the income intended for the care of the individual not in the financial group is considered unavailable.

(B) If the income is intended only for an individual not in the financial group , the portion of the income used for the care of the individual not in the financial group is considered unavailable.

(C) If the income is intended both for an individual in the financial group and an individual not in the financial group and the portion intended for the care of the individual not in the financial group cannot readily be identified, the income is prorated evenly among the individuals for whom the income is intended. The prorated share intended for the care of the individual not in the financial group is then considered unavailable.

(h) In the REF, REFM, SNAP, and TANF programs, income controlled by the individual's abuser if the individual is a survivor of domestic violence (see OAR 461-001-0000), the individual's abuser controls the income and will not make the money available to the filing group (see OAR 461-110-0310), and the abuser is not in the individual’s filing group .

(6) The availability of lump-sum income (see OAR 461-001-0000) is covered in OAR 461-140-0120.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.816, 412.049, 413.085 & 414.619
Statutes/Other Implemented: ORS 409.050, 411.060, 411.070, 411.404, 411.816, 412.049, 413.085, 414.619, ORS 409.010, 411.706, 414.117 & 412.072
SSP 31-2026, amend filed 07/06/2026, effective 07/06/2026
SSP 55-2024, amend filed 09/30/2024, effective 10/01/2024
SSP 21-2024, minor correction filed 03/18/2024, effective 03/18/2024
SSP 19-2023, amend filed 06/20/2023, effective 07/01/2023
SSP 58-2022, amend filed 12/22/2022, effective 01/01/2023
SSP 10-2017, f. 3-24-17, cert. ef. 4-1-17
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 25-2015, f. 9-29-15, cert. ef. 10-1-15
SSP 13-2015, f. & cert. ef. 3-19-15
SSP 23-2014(Temp), f. & cert. ef. 9-19-14 thru 3-18-15
SSP 15-2014, f. & cert. ef. 7-1-14
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 5-2009, f. & cert. ef. 4-1-09
SSP 17-2008, f. & cert. ef. 7-1-08
SSP 8-2008, f. & cert. ef. 4-1-08
SSP 10-2007, f. & cert. ef. 10-1-07
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06
SSP 7-2005, f. & cert. ef. 7-1-05
SSP 5-2005(Temp), f. & cert. ef. 4-1-05 thru 6-30-05
SSP 4-2005, f. & cert. ef. 4-1-05
SSP 1-2005(Temp), f. & cert. ef. 2-1-05 thru 6-30-05
SSP 17-2004, f. & cert. ef. 7-1-04
AFS 13-2002, f. & cert. ef. 10-1-02
AFS 17-2000, f. 6-28-00, cert. ef. 7-1-00
AFS 10-2000, f. 3-31-00, cert. ef. 4-1-00
AFS 25-1998, f. 12-28-98, cert. ef. 1-1-99
AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97
AFS 22-1995, f. 9-20-95, cert. ef. 10-1-95
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 17-1992, f. & cert. ef. 7-1-92
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 9-1991, f. 3-29-91, cert. ef. 4-1-91
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-140-0070 Treatment of Excluded Assets

Unless stated otherwise in another rule in this chapter of rules:

(1) For Medicare Savings Programs (see OAR 461-001-0000) and Oregon Supplemental Income Program Medical (OSIPM):

(a) Excludable funds must be identifiable in order to be excluded. Identifiable does not require that excluded funds be kept physically apart from other funds.

(b) For OSIPM:

(A) There is a rebuttable presumption that when withdrawals are made from an account with commingled funds non-excluded funds are withdrawn first.

(B) If excluded funds are withdrawn, the excluded funds left in the account may be added to only by deposits of subsequently received funds that are excluded under the same rule or another rule in this chapter of rules.

(2) In all programs except Medicare Savings Programs and OSIPM:

(a) Excluded income remains excluded as long as it is kept in a separate account and not commingled with other funds.

(b) Excluded income that is commingled in an account with funds not excluded remains excluded for six months from the date it is commingled, after which it is counted as a resource.

History

Statutory/Other Authority: ORS 329A.500, 409.050, 411.060, 411.070, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.685
Statutes/Other Implemented: ORS 329A.500, 409.010, 411.060, 411.070, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.685
SSP 31-2026, amend filed 07/06/2026, effective 07/06/2026
SSP 23-2017, f. 9-11-17, cert. ef. 10-1-17
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
AFS 5-2002, f. & cert. ef. 4-1-02
AFS 10-2000, f. 3-31-00, cert. ef. 4-1-00
AFS 29-1994, f. 12-29-94, cert. ef. 1-1-95
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-140-0110 Treatment of Periodic Income

(1) In the SNAP and TANF programs, for a filing group (see OAR 461-110-0330 and 461-110-0370) that includes at least one member who is working under a TANF JOBS Plus agreement, periodic income (see OAR 461-001-0000) is excluded.

(2) In the REF, SNAP, and TANF programs, for filing groups not covered under section (1) of this rule, periodic income is averaged over the applicable period.

(3) In the OSIPM and QMB programs, periodic income is averaged over the applicable period, except as follows:

(a) A new source of periodic income received or expected to be received in any month following the month containing the date of request (see OAR 461-115-0030) is not averaged and counted until the first month it is received following the month containing the date of request .

(b) When determining countable (see OAR 461-001-0000) income for retroactive eligibility:

(A) Any ongoing periodic income received in a retroactive month is averaged.

(B) A new source of periodic income received in a retroactive month is averaged from the month of receipt forward.

(c) When determining countable income for the purposes of eligibility, the following exclusions apply to the total amount of combined periodic income and lump-sum income (see OAR 461-001-0000) received by an individual each month, including non-applying spouses and children:

(A) A $10 monthly exclusion from earned income.

(B) A $20 monthly exclusion from unearned income.

(d) For purposes of calculating patient liability under OAR 461-160-0620:

(A) Any periodic income received in a month prior to the month containing the date of request for services is excluded.

(B) Any periodic income received or expected to be received in the month containing the date of request for services, is not averaged and counted until the next time it is received after the month containing the date of request.

(C) For purposes of counting periodic income and calculating liability, an individual is not considered to have a break in services when the individual is admitted to a nursing facility or hospital and begins receiving services again upon discharge.

(4) In the REFM program, periodic income is averaged over the applicable period if received in the month of application.

(5) In all programs not covered under sections (1) to (3) of this rule, periodic income is counted in the month received.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.706, 411.816, 412.014, 413.085 & 414.619
Statutes/Other Implemented: 409.010, 409.610, 411.060, 411.070, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.619
SSP 19-2023, amend filed 06/20/2023, effective 07/01/2023
SSP 61-2021, minor correction filed 12/13/2021, effective 12/13/2021
SSP 28-2018, amend filed 09/06/2018, effective 10/01/2018
SSP 22-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 15-2018, temporary amend filed 03/28/2018, effective 04/01/2018 through 09/20/2018
SSP 11-2018, amend filed 03/09/2018, effective 04/01/2018
SSP 22-2017, f. 9-8-17 & cert. ef. 10-1-17
SSP 23-2015, f. 9-28-15, cert. ef. 10-1-15
SSP 10-2011, f. 3-31-11, cert. ef. 4-1-11
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05
SSP 17-2004, f. & cert. ef. 7-1-04
AFS 17-2000, f. 6-28-00, cert. ef. 7-1-00
AFS 10-2000, f. 3-31-00, cert. ef. 4-1-00
AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97
AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-140-0120 Availability and Treatment of Lump-Sum Income

(1) Lump-sum income (see OAR 461-001-0000) is treated as follows if it is received by a member of a financial group (see OAR 461-110-0530).

(2) In the Emergency Assistance (EA), Refugee Assistance (REF), Refugee Assistance Medical (REFM), Supplemental Nutrition Assistance Program (SNAP), and Temporary Assistance for Needy Families (TANF) programs:

(a) Lump-sum income is a resource.

(b) In the EA, REF, REFM, and TANF programs:

(A) Lump-sum income is considered available to the financial group when a member of the group receives the income and until the income becomes unavailable for a reason beyond the group's control.

(B) Lump-sum income is considered unavailable for a reason beyond the group's control if the member who received the lump-sum income :

(i) Leaves the financial group before spending any of the lump-sum income ; or

(ii) Spends the lump-sum income on an immediate basic need or emergency.

(3) In the Oregon Supplemental Income Program Medical (OSIPM) and Qualified Disabled and Working Individual (QDWI) programs, lump-sum income is treated as follows:

(a) Lump-sum income not excluded is income in the month of receipt, and any amount remaining in future months is a resource, except that for OSIPM retroactive Social Security Benefits (SSB) and Supplemental Security Income (SSI) payments are treated in accordance with OAR 461-145-0490 and 461-145-0510.

(b) The following lump-sum income is excluded when calculating countable (see OAR 461-001-0000) income for the purposes of determining eligibility and calculating patient liability under OAR 461-160-0620:

(A) The income the individual turns over to the Department as reimbursement for previous assistance; and

(B) The income the individual uses to pay for special need items approved by the Department. Special needs are explained in OAR 461-155-0500 and following.

(c) When calculating countable income for the purposes of eligibility, the following exclusions apply to the total amount of combined lump-sum income and periodic income (see OAR 461-001-0000) received by an individual each month, including non-applying spouses and children:

(A) The first $10 of earned income received in a month.

(B) The first $20 of unearned income received in a month.

(4) In the Qualified Medicare Beneficiary (QMB), Qualifying Individual (QI), and Specified Low-Income Medicare Beneficiary (SLMB) programs:

(a) Lump-sum income not excluded is income in the month of receipt, except that retroactive SSB and SSI payments are treated in accordance with OAR 461-145-0490 and 461-145-0510.

(b) The following lump-sum income is excluded:

(A) The income the individual turns over to the Department as reimbursement for previous assistance; and

(B) The income the individual uses to pay for special need items approved by the Department. Special needs are explained in OAR 461-155-0500 and following.

(c) The following exclusions apply to combined lump-sum income and periodic income received by an individual, including non-applying spouses and children:

(A) The first $10 of earned income received in a month.

(B) The first $20 of unearned income received in a month.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.619
Statutes/Other Implemented: 409.010, 410.010, 410.020, 410.070, 410.080, 411.060, 411.070, 411.404, 411.706, 411.816, 412.014, 412.049, 413.085, 414.619 & 414.117
SSP 31-2026, amend filed 07/06/2026, effective 07/06/2026
SSP 19-2023, amend filed 06/20/2023, effective 07/01/2023
SSP 62-2021, minor correction filed 12/13/2021, effective 12/13/2021
SSP 28-2018, amend filed 09/06/2018, effective 10/01/2018
SSP 22-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 15-2018, temporary amend filed 03/28/2018, effective 04/01/2018 through 09/20/2018
SSP 11-2018, amend filed 03/09/2018, effective 04/01/2018
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 35-2015, f. 12-23-15, cert. ef. 1-1-16
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 25-2012, f. 6-29-12, cert. ef. 7-1-12
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
SSP 4-2005, f. & cert. ef. 4-1-05
SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05
SSP 17-2004, f. & cert. ef. 7-1-04
SSP 6-2004, f. & cert. ef. 4-1-04
SSP 29-2003(Temp), f. 10-31-03, cert. ef. 11-1-03 thru 3-31-04
AFS 10-2000, f. 3-31-00, cert. ef. 4-1-00
AFS 7-1999, f. 4-27-99, cert. ef. 5-1-99
AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97
AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97
AFS 36-1996, f. 10-31-96, cert. ef. 11-1-96
AFS 27-1996, f. 6-27-96, cert. ef. 7-1-96
AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94
AFS 13-1994, f. & cert. ef. 7-1-94
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 5-1993, f. & cert. ef. 4-1-93
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 1-1991(Temp), f. & cert. ef. 1-2-91
AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90
AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-140-0210 Asset Transfer; General Information and Timelines

(1) OAR 461-140-0210 to 461-140-0300 regulate the effect of a transfer of an asset on an individual.

(2) If an asset is transferred during the periods of time listed in section (4) or (5) of this rule and if the transfer is made in whole or in part for the purpose of establishing or maintaining eligibility for benefits:

(a) In the Refugee Assistance (REF) and Refugee Assistance Medical (REFM) programs, the filing group (see OAR 461-110-0430) is disqualified if a member of the financial group (see OAR 461-110-0530) transferred the asset while that member was in the U.S. and the asset was located in the U.S.

(b) In the REF, REFM, Supplemental Nutrition Assistance Program (SNAP), and Temporary Assistance for Needy Families (TANF) programs, the filing group is disqualified if:

(A) The asset was a resource; and

(B) A member of the financial group transferred the resource.

(c) An individual is disqualified from receiving Department-paid nursing facility services or home and community-based care (see OAR 461-001-0030) if the individual or the spouse of the individual transferred the asset.

(3) In all programs, individuals in financial groups whose members transfer an asset covered under section (2) of this rule within the time periods listed in section (4) or (5) of this rule must report the transfer as soon as practicable and must provide information requested by the Department concerning the transfer.

(4) In the REF, REFM, SNAP, and TANF programs, a transfer of an asset may be disqualifying if the transfer occurs:

(a) In the REF and REFM programs, during the three years preceding the filing date (see OAR 461-115-0040), if:

(A) The member of the financial group was residing in the U.S. at the time of transfer; and

(B) The asset was a resource.

(b) In the SNAP program, during the three months preceding the filing date or during a certification period (see OAR 461-001-0000) if the asset was a resource.

(c) In the TANF program, during the three years preceding the filing date (see OAR 461-115-0040) if the asset was a resource.

(5) For individuals applying for or receiving Department-paid nursing facility services or home and community-based care , a transfer of an asset may be disqualifying if the transfer occurs on or after the date that is 60 months prior to the date the individual requests services.

(6) The duration of the period of disqualification or ineligibility is set out in OAR 461-140-0260 to 461-140-0300.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.404, 411.710, 411.816, 412.049, 413.085 & 414.619
Statutes/Other Implemented: 411.060, 411.404, 411.710, 411.816, 412.049 & ORS 409.010
SSP 30-2026, amend filed 07/06/2026, effective 07/06/2026
SSP 32-2023, minor correction filed 07/18/2023, effective 07/18/2023
SSP 19-2023, amend filed 06/20/2023, effective 07/01/2023
SSP 22-2017, f. 9-8-17 & cert. ef. 10-1-17
SSP 10-2017, f. 3-24-17, cert. ef. 4-1-17
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 27-2013, f. & cert. ef. 10-1-13
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06
SSP 22-2004, f. & cert. ef. 10-1-04
AFS 5-2002, f. & cert. ef. 4-1-02
AFS 6-2001, f. 3-30-01, cert. ef. 4-1-01
AFS 10-2000, f. 3-31-00, cert. ef. 4-1-00
AFS 13-1994, f. & cert. ef. 7-1-94
AFS 6-1994, f. & cert. ef. 4-1-94
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 29-1993, f. 12-30-93, cert. ef. 1-1-94
AFS 18-1993(Temp), f. & cert. ef. 10-1-93
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-140-0220 Determining if a Transfer of an Asset is Disqualifying

A transfer of an asset is not disqualifying if the requirements of OAR 461-140-0242 or one of the following sections are met:

(1) The asset was excluded as personal belongings as described in OAR 461-145-0390.

(2) The asset was sold or traded for compensation equal to or greater than fair market value.

(3) The transfer settled a legally enforceable claim against the asset or individual.

(4) The amount of the resource was equal to or less than the amount that was excluded at the initial month (see OAR 461-001-0000) of eligibility under OAR 461-160-0855 due to payments received under a qualified partnership policy (see OAR 461-001-0000).

(5) Except for individuals applying for or receiving Department-based nursing facility services or home and community-based care (see OAR 461-001-0030), one of the following is true:

(a) A court ordered the transfer;

(b) The individual was a victim of fraud, misrepresentation, or coercion, and legal steps have been taken to recover the asset; or

(c) The asset was transferred between members of the same financial group, including members who are ineligible noncitizens or disqualified people.

(6) For individuals applying for or receiving Department-paid nursing facility services or home and community-based care , one of the following is true:

(a) The transfer occurred more than 60 months before the date of request (see OAR 461-115-0030).

(b) The asset is an annuity purchased on or after July 1, 2006, and the annuity meets the requirements of OAR 461-145-0022(10).

(A) Legal steps have been taken to recover the asset; or

(B) The individual is unable to take legal action due to incapacity, there is no legal representative who can act on their behalf, and a referral has been made to Oregon Adult Protective Services.

(d) There is an institutionalized spouse (see OAR 461-001-0030) and one of the following is true:

(A) The transfer is made in accordance with OAR 461-160-0580(3).

(B) The asset was transferred to either spouse prior to completing the calculation under OAR 461-160-0580 and remains countable for purposes of completing the calculation.

History

Statutory/Other Authority: ORS 411.070, 411.404, 411.816, 412.049, 413.085, 414.042, 414.685, ORS 409.050, 410.070 & 411.060
Statutes/Other Implemented: ORS 409.010, 410.070, 411.060, 411.070, 411.404, 411.708, 411.816, 412.049 & 414.02
SSP 30-2026, amend filed 07/06/2026, effective 07/06/2026
SSP 11-2022, minor correction filed 02/16/2022, effective 02/16/2022
SSP 21-2020, amend filed 07/08/2020, effective 07/08/2020
SSP 12-2019, minor correction filed 04/01/2019, effective 04/01/2019
SSP 8-2019, amend filed 03/13/2019, effective 04/01/2019
SSP 33-2017, amend filed 12/08/2017, effective 01/01/2018
SSP 22-2017, f. 9-8-17 & cert. ef. 10-1-17
SSP 17-2008, f. & cert. ef. 7-1-08
SSP 14-2007, f. 12-31-07, cert. ef. 1-1-08
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06
SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06
AFS 10-2002, f. & cert. ef. 7-1-02
AFS 2-2002(Temp), f. & cert. ef. 2-26-02 thru 6-30-02
AFS 6-2001, f. 3-30-01, cert. ef. 4-1-01
AFS 10-2000, f. 3-31-00, cert. ef. 4-1-00
AFS 13-1995, f. 6-29-95, cert. ef. 7-1-95
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-140-0242 Disqualifying Transfer of Assets Including Home; Nursing Facility and Home and Community-Based Care

For an individual applying for or receiving Department-paid nursing facility services or home and community-based care (see OAR 461-001-0030):

(1) For the purposes of this rule:

(a) The definition of "child" in OAR 461-001-0000 does not apply.

(b) "Child" means a natural or adoptive son or daughter who is:

(A) Under age 21; or

(B) Any age and has been determined to meet the blindness criteria of OAR 461-125-0330 or the disability criteria of OAR 461-125-0370.

(d) "Asset" means all income and resources of the individual and of the individual's spouse (see OAR 461-001-0000). This includes income or resources to which the individual or spouse is entitled but does not receive because of any action by:

(A) The individual or their spouse ;

(B) A person, including a court or administrative body, with legal authority to act in place of or on behalf of the individual or their spouse ; or

(C) Any person, including a court or administrative body, acting at the direction or upon the request of the individual or their spouse .

(2) A transfer of an asset (see section (1) of this rule), including a home (see section (1) of this rule), by an individual or the spouse of the individual is a disqualifying transfer unless the requirements of at least one of the following subsections are met:

(a) The transfer was made exclusively for purposes other than establishing eligibility or maintaining benefits.

(b) The title to the asset was transferred to the person's spouse , the person's child (see section (1) of this rule) who is blind or has a disability under the criteria of the Social Security Administration, or another for the sole benefit of the spouse or a child who is blind or has a disability under the criteria of the Social Security Administration, provided that the transfer is arranged in such a way that no individual or entity except this spouse or child can benefit from the asset transferred in any way, whether at the time of transfer or any time in the future. A direct transfer, transfer instrument, or trust that provides for funds or property to pass to a beneficiary who is not the spouse or child who is blind or has a disability under the criteria of the Social Security Administration is not considered to be established for the benefit of one of those individuals. In order for a transfer or a trust to be considered for the sole benefit of one of these individuals, the instrument or document must provide for the spending of the funds involved for the benefit of the individual based on the life expectancy of the individual.

(c) The transfer was made to a trust described in OAR 461-145-0540(9), except that a transfer to a trust under OAR 461-145-0540(9)(a) is disqualifying if the individual is age 65 or older.

(d) The transfer was made to a trust described in OAR 461-145-0540(10) established solely for the benefit of an individual under 65 years of age who has a disability that meets the criteria of the Social Security Administration, except that a transfer to a trust under OAR 461-145-0540(10) is disqualifying if the individual is age 65 or older . This subsection applies to all transfers made on or after July 1, 2006.

(e) The transfer is a transfer described in OAR 461-160-0580(3).

(f) The resource is transferred by the community spouse (see OAR 461-001-0030) after the Department has determined the community spouse 's resource allowance in accordance with OAR 461-160-0580 and the resource has not been attributed to the institutionalized spouse (see OAR 461-001-0030). Notwithstanding this subsection, a transfer of a resource by a community spouse who is receiving or applying for benefits remains subject to all rules regarding the transfer of an asset by an individual.

(3) Actions taken to avoid receiving an asset an individual or spouse is entitled to are considered a disqualifying transfer of an asset . Actions that would case an asset to not be received include but are not limited to the following:

(a) Irrevocably waiving pension income.

(b) Waiving the right to receive an inheritance.

(d) Not accepting or accessing injury settlements.

(e) Refusal to take legal action to obtain a court-ordered payment that is not being paid, such as child support or alimony.

(f) Refusal to pursue an equitable division of marital property during a proceeding of dissolution of marriage.

(4) Notwithstanding section (2)(a) of this rule, a transfer of a home by an individual or the spouse of the individual is a disqualifying transfer unless the title was transferred to the individual's;

(a) Child ;

(b) Sibling who has equity interest in the home and was residing in the home for at least one year immediately before the individual's admission to long-term care (see OAR 461-001-0000); or

(A) The son or daughter resided with the individual in the individual's home continuously for at least two years immediately prior to the individual's admission to long-term care other than an absence from the home that is not intended to, and does not, exceed 30 days.

(B) The son or daughter provides convincing evidence that he or she provided services that permitted the individual to reside at home for at least two years rather than in an institution or long-term care facility.

(C) Without receiving payment from the Department, the son or daughter must have directly provided the services required by paragraph (B) of this subsection as described in both of the following subparagraphs for a total of at least 20 hours per week.

(i) On a daily basis, one or a combination of any of the following activities of daily living, as each sub-subparagraph is further defined at OAR 411-015-0006:

(I) Eating.

(II) Dressing/Grooming.

(III) Bathing/Personal Hygiene.

(IV) Mobility.

(V) Elimination.

(VI) Cognition/Behavior.

(ii) One or a combination of any of the following instrumental activities of daily living, as each sub-subparagraph is further defined at OAR 411-015-0007:

(I) Housekeeping.

(II) Laundry.

(III) Meal Preparation.

(IV) Medication Management.

(V) Shopping.

(VI) Transportation.

(5) Except for a transfer permitted under section (4) of this rule, each of the following subsections applies in determining whether an asset is considered transferred for fair market value (see OAR 461-001-0000):

(a) The compensation received for the asset must be in a tangible form with intrinsic value.

(b) The Department presumes that services provided for free at the time were intended to be provided without compensation, and that a transfer to an individual for services provided for free in the past is a disqualifying transfer of an asset . This presumption is rebuttable with convincing evidence. This evidence must also show that there was an express agreement to provide services for compensation at the time the services were provided.

(c) Compensation for services is valued at the average market rate at the time the services were provided, unless the express agreement provides a lower rate.

(d) When evaluating whether an action causing an asset not to be received under section (3) results in a transfer for less than fair market value , the Department will consider the following:

(A) Whether the individual or their spouse is able to afford to take the necessary action to obtain the asset .

(B) Whether the cost of obtaining the asset is greater than what the asset is worth.

(6) If a transfer is made for less than fair market value and is not exempt from disqualification under this rule, there is a rebuttable presumption that the asset was transferred for the purpose of establishing or maintaining eligibility and is not exempt under subsection (2)(a) of this rule.

(7) To rebut the presumption in section (6) of this rule, the individual must present evidence other than thier own statement and must provide to the Department the information it requests for the purpose of evaluating the purpose of the transfer. To meet the burden, it is sufficient for the individual to show one of the following:

(a) The decision to make the transfer was not within the individual's control;

(b) At the time of transfer, the individual could not reasonably have anticipated applying for medical assistance;

(c) Unexpected loss of resources or income occurred between the time of transfer and the application for medical assistance; or

(d) Because of other similarly convincing circumstances, it appears more likely than not that the transfer was not made, in whole or in part, for the purpose of establishing or maintaining eligibility for benefits.

(8) The fact that a recipient was already eligible for benefits is not sufficient to rebut the presumption in section (6) of this rule because the asset may not always be excluded and if the individual had received full compensation for the asset , the compensation received would have been used to determine future eligibility.

History

Statutory/Other Authority: ORS 411.060 & 411.710
Statutes/Other Implemented: ORS 411.060, 411.710 & 414.042
SSP 30-2026, amend filed 07/06/2026, effective 07/06/2026
SSP 61-2024, amend filed 12/30/2024, effective 01/01/2025
SSP 31-2023, minor correction filed 07/18/2023, effective 07/18/2023
SSP 21-2020, amend filed 07/08/2020, effective 07/08/2020
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 17-2008, f. & cert. ef. 7-1-08
SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
SSP 16-2006(Temp), f. 12-29-06, cert. ef. 1-1-07 thru 3-31-07
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06
SSP 4-2005, f. & cert. ef. 4-1-05
SSP 17-2004, f. & cert. ef. 7-1-04
AFS 6-2001, f. 3-30-01, cert. ef. 4-1-01
AFS 10-2000, f. 3-31-00, cert. ef. 4-1-00
AFS 13-1995, f. 6-29-95, cert. ef. 7-1-95
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 13-1994, f. & cert. ef. 7-1-94
AFS 6-1994, f. & cert. ef. 4-1-94
AFS 29-1993, f. 12-30-93, cert. ef. 1-1-94
AFS 18-1993(Temp), f. & cert. ef. 10-1-93

Or. Admin. R. 461-140-0250 Determining The Uncompensated Value of a Transferred Asset

(1) The uncompensated value of a disqualifying transfer of an asset is used in OAR 461-140-0260 to 461-140-0300 to calculate the ineligibility period of the financial group (see OAR 461-110-0530).

(2) To determine uncompensated value:

(a) For individuals applying for or receiving Department-paid nursing facility services or home and community-based care (see OAR 461-001-0000):

(A) The value of the compensation received for the asset is subtracted from the fair market value (see OAR 461-001-0000) of the asset.

(i) For transfers made on or after the date of request for nursing facility services or home and community-based care , this result is the uncompensated value.

(ii) For transfers made before the date of request for nursing facility services or home and community-based care (see OAR 461-001-0030), this result is the uncompensated value unless the financial group had countable (see OAR 461-001-0000) resources of less than the resource limit at the time of the first transfer. If the financial group had countable resources of less than the resource limit in OAR 461-160-0015 at the time of the first transfer, the remainder (the resource limit minus the countable resources) is then credited by adding it to the other compensation received for the asset.

(B) For an annuity, unless the individual verifies a lesser amount, the fair market value is equal to the amount of money used to establish the annuity, plus any additional payments used to fund the annuity, plus any earnings, minus any regular monthly payments already received, minus early withdrawals, and minus any surrender fees.

(C) The value of the compensation received for an asset to which an individual is entitled and chooses to pursue (see OAR 461-140-0242) includes the amount received plus the costs associated with obtaining the asset, such as a personal injury attorney's contingency fee.

(b) In all other programs, the value of the compensation received for the resource is subtracted from the fair market value of the resource. The remainder is added to the other countable resources at the time of the transfer. The amount by which the sum exceeds the resource limit is the uncompensated value.

(A) Encumbrances assumed by the buyer or otherwise discharged as a result of the transfer;

(B) Any costs associated with the transfer, including but not limited to negotiated closing costs, escrow fees, and title fees; and

(C) Goods or services provided to the individual, limited to their true value, if there was a prior agreement to exchange the asset for the goods or services.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.706, 411.816, 412.049, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.010, 409.050, 410.020, 411.060, 411.070, 411.404, 411.632, 411.706, 411.816, 412.049, 413.085, 414.685 & 414.839
SSP 30-2026, amend filed 07/06/2026, effective 07/06/2026
SSP 21-2020, amend filed 07/08/2020, effective 07/08/2020
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 35-2015, f. 12-23-15, cert. ef. 1-1-16
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
SSP 11-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 9-30-06
AFS 5-2002, f. & cert. ef. 4-1-02
AFS 10-2000, f. 3-31-00, cert. ef. 4-1-00
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-140-0260 Disqualification Due to a Resource Transfer; SNAP

In the SNAP program:

(1) A financial group disqualified due to the transfer of a resource (described in OAR 461-140-0210 or 461-140-0220) is disqualified from receiving benefits starting on the date of the denial of benefits or on the effective date of the closure. The disqualification applies to each individual in the financial group during the month that the disqualifying transfer of resources occurred.

(2) The duration of the disqualification is based on the amount of uncompensated value (see OAR 461-140-0250) as provided in the following chart: [Table not included. See ED. NOTE.]

[ED. NOTE: Tables referenced are available from the agency.]

History

Statutory/Other Authority: ORS 411.816
Statutes/Other Implemented: ORS 411.816
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
AFS 10-2000, f. 3-31-00, cert. ef. 4-1-00
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-140-0263 Loss of Eligibility Due to Lottery or Gambling Winnings, SNAP

In the SNAP Program:

(1) A filing group (see OAR 461-110-0370) shall immediately lose SNAP benefit eligibility (see OAR 461-001-0000), and be sent proper decision notice (see OAR 461-001-0000), due to lottery or gambling winnings when an individual in the filing group , through a single lottery or gambling game:

(a) Wins a cash prize, and

(b) The amount of the winnings, before taxes or other amounts are withheld, is equal to or in excess of the resource limit listed under subsection (6)(a) of OAR 461-160-0015.

(2) A filing group that loses SNAP benefit eligibility (see OAR 461-001-0000) under section (1) of this rule is not eligible for SNAP benefits, or to have SNAP eligibility determined using categorical eligibility, until they meet financial eligibility under the following SNAP resource and income requirements (see OAR 461-160-0400):

(a) Resources must be below the resource limit set under OAR 461-160-0015,

(b) Countable income (see OARs 461-001-0000 and 461-140-0010) must be below the countable income limit set at 130 percent of the federal poverty level under OAR 461-155-0180, except for a financial group (see OAR 461-110-0530) that includes an individual who is elderly (see OAR 461-001-0015) or has a disability (see OAR 461-001-0015), and

(c) Adjusted income (see OAR 461-001-0000) must be below the adjusted income limit set at 100 percent of the federal poverty level under OAR 461-155-0180.

(d) This provision applies to all types of categorical eligibility (see OAR 461-135-0505).

History

Statutory/Other Authority: ORS 411.816
Statutes/Other Implemented: ORS 411.816 & 7 CFR 273.11
SSP 15-2025, minor correction filed 07/29/2025, effective 07/29/2025
SSP 2-2022, adopt filed 01/25/2022, effective 01/26/2022

Or. Admin. R. 461-140-0266 Court Ordered Child Support Exclusion; SNAP

Effective January 19, 2023, in the SNAP program:

(1) Notwithstanding other rules in Chapter 461, child support payments made by a member of the filing group, including cash medical support and arrearages, are excluded to determine countable (see OAR 461-001-0000) income if they meet both of the following:

(a) The child support payments are court ordered.

(b) The child (see OAR 461-001-0000) for whom the payments are intended to support is not a member of the filing group .

(2) When an individual cannot verify court-ordered child-support payments, the payments are not used to calculate the exclusion. When the individual provides verification, the exclusion is applied when calculating countable income.

(3) This income exclusion is not subject to the provisions of OAR 461-140-0070.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070 & 411.816
Statutes/Other Implemented: ORS 409.050, 411.060, 411.070, 411.816, ORS 409.010, 411.825, 411.837, 7 CFR 273.9, 7 CFR 273.10 & 7 CFR 273.11
SSP 47-2023, adopt filed 09/25/2023, effective 10/01/2023

Or. Admin. R. 461-140-0270 Disqualification Due to An Asset Transfer; REF, REFM, TANF

In the REF, REFM, and TANF programs:

(1) A financial group (see OAR 461-110-0530) in which a member is disqualified due to the transfer of an asset is disqualified for the number of months equal to the uncompensated value (see OAR 461-140-0250) divided by the TANF payment standard (see OAR 461-155-0030).

(2) The disqualification period starts the date the Department imposes the disqualification by terminating benefits for the period calculated above or, in the case of an applicant, by denying benefits for the same period of time measured from the date of application.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.404 & 412.049
Statutes/Other Implemented: ORS 409.010, 411.060, 411.404, 411.632 & 412.049
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
AFS 10-2000, f. 3-31-00, cert. ef. 4-1-00
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-140-0296 Length of Disqualification Due to an Asset Transfer; Nursing Facility Services or Home and Community-Based Care

(1) This rule applies to individuals applying for or receiving Department-paid nursing facility services or home and community-based care (see OAR 461-001-0030).

(2) An individual who completes a disqualifying transfer of an asset in accordance with OARs 461-140-0210, 461-140-0220, 461-140-0242, and 461-140-0250 is disqualified from receiving Department-paid nursing facility services or home and community-based care . The length of a disqualification period resulting from the transfer is the number of months equal to the uncompensated value (see OAR 461-140-0250) for the transfer divided by the following dollar amount:

(a) If the initial month (see OAR 461-001-0000) is prior to October 1, 1998–$2,595.

(b) If the initial month is on or after October 1, 1998 and prior to October 1, 2000–$3,320.

(d) If the initial month is on or after October 1, 2002 and prior to October 1, 2004–$4,300.

(e) If the initial month is on or after October 1, 2004 and prior to October 1, 2006–$4,700.

(f) If the initial month is on or after October 1, 2006 and prior to October 1, 2008–$5,360.

(g) If the initial month is on or after October 1, 2008 and prior to October 1, 2010–$6,494.

(h) If the initial month is on or after October 1, 2010 and prior to October 1, 2016–$7,663.

(i) If the initial month is on or after October 1, 2016 and prior to October 1, 2018-–$8,425.

(j) If the initial month is on or after October 1, 2018 and prior to October 1, 2020 ---$8,784.

(k) If the initial month is on or after October 1, 2020 and prior to October 1, 2022---$9,551.

(l) If the initial month is on or after October 1, 2022 and prior to October 1, 2024--- $10,342.

(m) If the initial month is on or after October 1, 2024--- $14,585.

(3) For transfers by an individual and the spouse (see OAR 461-001-0000) of an individual:

(a) If there are multiple transfers by the individual and the spouse of the individual, including any transfer less than the applicable dollar amount identified in subsections (2)(a) to (2)(m) of this rule, the value of all transfers are added together before dividing by the applicable dollar amount identified in subsections (2)(a) to (2)(m) of this rule.

(b) The quotient resulting from the calculation in section (2) of this rule is not rounded. The whole number of the quotient is the number of full months the financial group is disqualified. This number might be zero full months. The remaining decimal or fraction of the quotient is used to calculate a partial month disqualification, which may be in addition to one or more full months. This remaining decimal or fraction is converted to a number of days by multiplying the decimal or fraction by the number of days in the month following the last full month of the disqualification period, if any. If this calculation results in a fraction of a day, the fraction of a day is rounded down.

(A) For an individual who either transfers an asset while they are already receiving Department-paid nursing facility services or home and community-based care , or transfers an asset on or after the date that is 60 months prior to the date of request (see OAR 461-115-0030) but fails to report the transfer at initial application, the first of the month following the date the Department learns the asset was transferred and the timely continuing benefit decision notice period ends(see OAR 461-175-0050), except that if disqualification periods calculated in accordance with this rule overlap, the periods are applied sequentially so that no two penalty periods overlap.

(B) For an individual who transfers an asset prior to submitting an application for services and being determined eligible who reports the transfer at application, the date of request fornursing facility services or home and community-based care as long as the applicant or individual would otherwise be eligible but for this disqualification period. If the applicant or individual is not otherwise eligible on the date of request , the disqualification begins the first date following the date of request that the applicant or individual would be otherwise eligible but for the disqualification period.

(d) If both spouses of a couple are applying for or receiving Department-paid nursing facility services or home and community-based care , part of the disqualification is apportioned to each of them. If one member of the couple is serving a disqualification when the other member of the couple applies for or starts receiving Department-paid nursing facility services or home and community-based care , any remaining disqualification is apportioned equally to each member of the couple. If one spouse is unable to serve the resulting disqualification period for any reason, the remaining disqualification applicable to both spouses must be served by the remaining spouse.

(4) If an asset is owned by more than one person, by joint tenancy, tenancy in common, or similar arrangement, the share of the asset owned by the individual is considered transferred when any action is taken either by the individual or any other person that reduces or eliminates the individual's control or ownership in the individual's share of the asset.

(5) For an annuity that is a disqualifying transfer under section (11) of OAR 461-145-0022, the disqualification period is calculated based on the uncompensated value as calculated under OAR 461-140-0250, unless the only requirement that is not met is that the annuity pays beyond the actuarial life expectancy of the annuitant. If the annuity pays beyond the actuarial life expectancy of the annuitant, the disqualification is calculated according to section (6) of this rule.

(6) If there is a potential disqualifying transfer under section (11) of OAR 461-145-0022, and the only requirement that is not met is that the annuity pays benefits beyond the actuarial life expectancy of the annuitant, as determined by the Period Life Table of the Office of the Chief Actuary of the Social Security Administration, a disqualification period is assessed for the value of the annuity beyond the actuarial life expectancy of the annuitant.

(7) Effective January 1, 2023, the Department ends the disqualifications previously established under this rule based on an income cap trust.

History

Statutory/Other Authority: ORS 413.085, 414.685, ORS 409.050, 411.060, 411.704 & 411.706
Statutes/Other Implemented: 42 USC 1396p, ORS 409.010, 411.060, 411.704 & 411.706
SSP 30-2026, amend filed 07/06/2026, effective 07/06/2026
SSP 16-2025, minor correction filed 07/29/2025, effective 07/29/2025
SSP 55-2024, amend filed 09/30/2024, effective 10/01/2024
SSP 41-2024, amend filed 06/20/2024, effective 07/01/2024
SSP 30-2024, amend filed 03/26/2024, effective 04/01/2024
SSP 51-2023, temporary amend filed 12/11/2023, effective 12/11/2023 through 06/07/2024
SSP 21-2023, amend filed 06/22/2023, effective 07/01/2023
SSP 13-2023, temporary amend filed 04/01/2023, effective 04/01/2023 through 09/27/2023
SSP 11-2023, amend filed 03/22/2023, effective 04/01/2023
SSP 52-2022, temporary amend filed 11/01/2022, effective 11/01/2022 through 04/28/2023
SSP 45-2020, amend filed 12/22/2020, effective 01/01/2021
SSP 33-2020, amend filed 09/21/2020, effective 10/01/2020
SSP 27-2020, temporary amend filed 08/07/2020, effective 08/07/2020 through 02/02/2021
SSP 21-2020, amend filed 07/08/2020, effective 07/08/2020
SSP 34-2018, amend filed 12/04/2018, effective 01/01/2019
SSP 29-2018, temporary amend filed 09/17/2018, effective 10/01/2018 through 03/29/2019
SSP 44-2016, f. 12-7-16, cert. ef. 1-1-17
SSP 36-2016(Temp), f. 9-30-16, cert. ef. 10-1-16 thru 3-29-17
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 26-2013, f. & cert. ef. 10-1-13
SSP 17-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13
SSP 32-2010, f. & cert. ef. 10-1-10
SSP 23-2008, f. & cert. ef. 10-1-08
SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06
SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06
SSP 22-2004, f. & cert. ef. 10-1-04
SSP 23-2003, f. & cert. ef. 10-1-03
AFS 13-2002, f. & cert. ef. 10-1-02
AFS 6-2001, f. 3-30-01, cert. ef. 4-1-01
AFS 26-2000, f. & cert. ef 10-4-00
AFS 10-2000, f. 3-31-00, cert. ef. 4-1-00
AFS 17-1998, f. & cert. ef. 10-1-98

Or. Admin. R. 461-140-0300 Adjustments to the Disqualification for Asset Transfer

(1) The disqualification imposed under OAR 461-140-0260 is not adjusted once applied in the Supplemental Nutrition Assistance Program (SNAP).

(2) In all other programs, the disqualification is voided if the transfer that caused the disqualification is rescinded. The duration of the disqualification is recalculated if the terms of the transfer are modified. Returned assets are included in the eligiblity determination for any previous period during which benefits were denied.

(3) For nursing facility services, home and community-based care (see OAR 461-001-0030), and Refugee Assistance Medical (REFM), the Department may waive the disqualification if the disqualification would create an undue hardship on the individual. For purposes of this section, the disqualification would create an undue hardship if the requirements of subsections (a) and (b) of this section are met:

(a) The individual has no other means for meeting their needs. The individual has the burden of proving that no other means exist by:

(A) Exploring and pursuing all reasonable means to recover the assets to the satisfaction of the Department, including legal remedies and consultation with an attorney; and

(B) Cooperating with the Department to take action to recover the assets.

(b) The disqualification would deprive the individual of:

(A) Medical care such that the individual's health or life would be endangered; or

(B) Food, clothing, shelter, or other necessities of life without which the health or life of the individual would be endangered.

(4) As authorized by ORS 411.620, the Department retains the authority to bring a civil suit or action to set aside a transfer of assets for less than fair market value and may seek recovery of all costs associated with such an action.

(5) Notwithstanding the granting of an undue hardship waiver under section (3) of this rule, the Department is not precluded from recovering public assistance or medical assistance from any assets in which the individual held an interest, or in which the individual previously held an interest, at the time the undue hardship waiver was granted.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.404, 411.816, 412.014 & 412.049
Statutes/Other Implemented: ORS 409.010, 411.060, 411.404, 411.632, 411.816, 412.014 & 412.049
SSP 30-2026, amend filed 07/06/2026, effective 07/06/2026
SSP 61-2024, amend filed 12/30/2024, effective 01/01/2025
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 27-2013, f. & cert. ef. 10-1-13
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06
AFS 26-2000, f. & cert. ef. 10-4-00
AFS 10-2000, f. 3-31-00, cert. ef. 4-1-00
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Division 145 TREATMENTS OF SPECIFIC ASSETS

Or. Admin. R. 461-145-0000 Achieving a Better Life Experience (ABLE) Act

(1) In all programs, funds held in ABLE Act accounts are excluded as resources.

(2) In all programs except Medicare Savings Programs (see OAR 461-001-0000) and Oregon Supplemental Income Program Medical (OSIPM), monies withdrawn from ABLE Act accounts are excluded as income if they are used for Qualified Disability Expenses. For purposes of this rule, "Qualified Disability Expenses" include, but are not limited to, the following:

(a) Education;

(b) Housing;

(d) Employment training and support;

(e) Assistive technology and personal support services;

(f) Health;

(g) Prevention and wellness;

(h) Financial management and administrative services;

(i) Legal fees;

(j) Expenses for oversight and monitoring; and

(k) Funeral and burial expenses.

(3) In all programs except Medicare Savings Programs and OSIPM, funds withdrawn from ABLE Act accounts for purposes other than Qualified Disability Expenses (see section (2) of this rule) are counted as unearned income.

(4) For Medicare Savings Programs and OSIPM, funds withdrawn from ABLE Act accounts for any purpose are excluded as income.

History

Statutory/Other Authority: ORS 329A.500, 409.050, 411.060, 411.070, 411.083, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.685
Statutes/Other Implemented: ORS 178.375, 178.380, 329A.500, 409.010, 411.060, 411.070, 411.083, 411.404, 411.816, 412.014, 412.049, 414.685 & Section 103 of Public Law 113-295
SSP 31-2026, amend filed 07/06/2026, effective 07/06/2026
SSP 22-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 43-2016, f. 12-7-16, cert. ef. 12-28-16
SSP 26-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16

Or. Admin. R. 461-145-0001 Adoption Assistance

(1) In all programs except the SNAP and TANF programs, adoption assistance (see OAR 461-001-0000) is treated as follows:

(a) The portion of adoption assistance that is for the special needs of the child is excluded, including needs such as special diet, special clothing, counseling, and medical costs not covered under Title XIX.

(b) The rest of the adoption assistance is counted as unearned income.

(2) In the TANF program, adoption assistance is excluded.

(3) In the SNAP program, adoption assistance is counted as unearned income.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.619
Statutes/Other Implemented: 411.060, 411.404, 411.816, 412.014, 412.049 & ORS 409.010
SSP 17-2023, amend filed 06/14/2023, effective 07/01/2023
SSP 22-2017, f. 9-8-17 & cert. ef. 10-1-17
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 22-2004, f. & cert. ef. 10-1-04
SSP 16-2004(Temp), f. & cert. ef. 7-1-04 thru 9-30-04
AFS 24-2001, f. & cert. ef. 11-1-01
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91

Or. Admin. R. 461-145-0005 Agent Orange Disability Benefits

(1) For all programs except Medicare Savings Programs (see OAR 461-001-0000) and Oregon Supplemental Income Program Medical (OSIPM):

(a) Benefits from the Agent Orange Settlement Fund made by Aetna Life and Casualty for settling Agent Orange disability claims are excluded.

(b) Payments made under the Agent Orange Act of 1991, and issued by the U.S. Treasury through the Department of Veterans Affairs, are counted as unearned income.

(2) For Medicare Savings Programs and OSIPM, all payments made under the Agent Orange Act of 1991 or from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement in the Agent Orange product liability litigation are excluded.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.083, 411.404, 411.816 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.070, 411.083, 411.404, 411.816 & 412.049
SSP 31-2026, amend filed 07/06/2026, effective 07/06/2026
SSP 10-2017, f. 3-24-17, cert. ef. 4-1-17
SSP 44-2016, f. 12-7-16, cert. ef. 1-1-17
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90

Or. Admin. R. 461-145-0008 Alaska Permanent Fund Dividend

(1) The Alaska Permanent Fund Dividend is issued annually to eligible Alaskan residents who apply for the payment. Out-of-state residents, except military personnel and students who claim Alaska as their residence, are not eligible unless they resided in Alaska and filed for the payment before leaving the state.

(2) Alaska Permanent Fund Dividend payments are counted as lump-sum income (see OAR 461-140-0120).

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.816 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.700, 411.816 & 412.049
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92

Or. Admin. R. 461-145-0010 Animals

(1) Animals that are kept as pets or raised as food for the filing group (see OAR 461-110-0310) are excluded.

(2) The treatment of an animal considered income-producing property (see OAR 461-001-0000) is covered by the income-producing property rules (see OAR 461-145-0250 and 461-145-0252).

(3) In the Oregon Supplemental Income Program (OSIPM) and Qualified Disabled and Working Individual (QDWI) programs:

(a) The fair market value (see OAR 461-001-0000) of animals that are kept or retained for sale or resale is a countable (see OAR 461-001-0000) resource.

(b) If an animal is a source of both food and income for the filing group (see OAR 461-110-0410):

(A) The fair market value of the animal remains excluded.

(B) The proceeds of any sales of the animal or its products are counted as unearned income.

(c) Animals that are used, kept, or raised for the purpose of self-employment (see OAR 461-145-0600 and OAR 461-145-0915) are excluded.

(4) In the Qualified Medicare Beneficiary (QMB), Qualifying Individual (QI), and Specified Low-Income Medicare Beneficiary (SLMB) programs:

(a) All animals are excluded as a resource.

(b) If an animal is a source of both food and income for the filing group (see OAR 461-110-0410), the proceeds of any sale of the animal or its products are counted as unearned income.

History

Statutory/Other Authority: ORS 329A.500, 409.050, 411.060, 411.070, 411.083, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.685
Statutes/Other Implemented: ORS 329A.500, 409.050, 409.010, 411.060, 411.070, 411.083, 411.404, 411.706, 411.816, 412.014, 412.049 & 414.839
SSP 31-2026, amend filed 07/06/2026, effective 07/06/2026
SSP 22-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 23-2017, f. 9-11-17, cert. ef. 10-1-17
SSP 35-2015, f. 12-23-15, cert. ef. 1-1-16
SSP 25-2015, f. 9-29-15, cert. ef. 10-1-15
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0020 Annuities; Not OSIPM

Retroactively effective July 6, 2020:

(1) For the purposes of this rule:

(a) "Actuarially sound" means commercial annuities (see subsection (d) of this section) that pay principal and interest out in equal monthly installments over the actuarial life expectancy of the annuitant, with no deferral and no balloon payments. For purposes of this definition, the actuarial life expectancy is established by the Periodic Life Table of the Office of the Chief Actuary of the Social Security Administration and, for transactions (including the purchase of an annuity) occurring on or after July 1, 2008, the payout period must be within three months of the actuarial life expectancy, measured at the time of purchase.

(b) An annuity does not include benefits that are set up and accrued in a regularly funded retirement account while an individual is working, whether maintained in the original account or used to purchase an annuity, if the Internal Revenue Service recognizes the account as dedicated to retirement or pension purposes. (The treatment of pension and retirement plans is covered in OAR 461-145-0380.)

(A) Under age 21; or

(B) Any age and meets the Social Security Administration criteria for blindness or disability.

(d) "Commercial annuities" means contracts or agreements (not related to employment) by which an individual receives annuitized payments on an investment for a lifetime or specified number of years.

(e) "All programs" does not include the OSIPM program. See OAR 461-145-0022 for the OSIPM program. This rule does not apply to the OSIPM program.

(2) In all programs except QMB-BAS, QMB-SMB, and QMB-SMF, an annuity is counted as a resource if:

(a) The annuity does not make regular payments for a lifetime or specified number of years; or

(b) The annuity does not qualify for exclusion as a resource under subsection (4)(b)(C) of this rule.

(3) If an annuity is a countable (see OAR 461-001-0000) resource under this rule, the cash value is equal to the amount of money used to establish the annuity, plus any additional payments used to fund the annuity, plus any earnings, minus any regular payments already received, minus any early withdrawals, and minus any surrender fees.

(4) Commercial annuities and payments from such annuities are counted as follows:

(a) In all programs except the QMB-DW program, annuity payments are counted as unearned income to the payee.

(b) In the QMB-DW program:

(A) For an annuity purchased prior to January 1, 2006, the annuity is excluded as a resource and payments are counted as unearned income to the payee.

(B) If an individual or the spouse of an individual purchases an annuity on or after January 1, 2006, the annuity is counted as a resource unless it is excluded under paragraph (C) of this subsection.

(C) An annuity described in paragraph (B) of this subsection is excluded as a resource if the criteria in subparagraphs (i), (ii), and (iii) of this paragraph are met, except that if an unmarried individual is the annuitant, the requirements of subparagraph (iv) of this paragraph must also be met and if the spouse of an individual is the annuitant, the requirements of subparagraph (v) of this paragraph must also be met.

(i) The annuity is irrevocable.

(ii) The annuity is actuarially sound (see subsection (1)(a) of this rule).

(iii) The annuity is issued by a business that is licensed and approved to issue commercial annuities by the state in which the annuity is purchased.

(iv) If an unmarried individual is the annuitant, the annuity must specify that upon the death of the individual, the first remainder beneficiary is either of the following:

(I) The Department, for all funds remaining in the annuity up to the amount of medical benefits provided on behalf of the individual.

(II) The child (see subsection (1)(c) of this rule) of the individual, if the Department is the next remainder beneficiary (after this child ), up to the amount of medical benefits provided on behalf of the individual, in the event that the child does not survive the individual.

(v) If the spouse of an individual is the annuitant, the annuity must specify that, upon the death of the spouse of the individual, the first remainder beneficiaries are either of the following:

(I) The individual, in the event that the individual survives the spouse ; and the Department, in the event that the individual does not survive the spouse , for all funds remaining in the annuity up to the amount of medical benefits provided on behalf of the individual.

(II) A child of the spouse ; and the individual in the event that this child does not survive the spouse .

(D) If an annuity is excluded under paragraph (C) of this subsection, annuity payments are counted as unearned income to the payee.

History

Statutory/Other Authority: ORS 409.050, 410.070, 411.060, 411.070, 411.404, 411.706, 411.816, 412.049, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.010, 409.050, 410.010, 410.020, 410.070, 410.080, 411.060, 411.070, 411.141, 411.404, 411.706, 411.816, 412.049, 413.085, 414.685 & 414.839
SSP 21-2020, amend filed 07/08/2020, effective 07/08/2020
SSP 8-2019, amend filed 03/13/2019, effective 04/01/2019
SSP 35-2015, f. 12-23-15, cert. ef. 1-1-16
SSP 17-2008, f. & cert. ef. 7-1-08
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06
SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06
SSP 4-2005, f. & cert. ef. 4-1-05
AFS 10-2002, f. & cert. ef. 7-1-02
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0022 Annuities; OSIPM

(1) For the purposes of this rule:

(a) "Actuarially sound" means a commercial annuity which pays principal and interest out in equal monthly installments over the actuarial life expectancy of the annuitant, with no deferral and no balloon payments. For purposes of this definition, the actuarial life expectancy is established by the Periodic Life Table of the Office of the Chief Actuary of the Social Security Administration, and, for transactions (including the purchase of an annuity) occurring on or after July 1, 2008, the payout period must be within 12 months of the actuarial life expectancy, measured at the time of purchase.

(b) For an individual, an annuity does not include benefits that are set up and accrued in a regularly funded retirement account while an individual is working, whether maintained in the original account or used to purchase an annuity, if the Internal Revenue Service recognizes the account as dedicated to retirement or pension purposes. (The treatment of pension and retirement plans is covered in OAR 461-145-0380.)

(d) "Child" means a biological or adoptive child who is:

(A) Under age 21; or

(B) Any age and meets the Social Security Administration criteria for blindness or disability.

(e) "Commercial annuity" means a contract or agreement (not related to employment) by which an individual receives annuitized payments on an investment for a lifetime or specified number of years.

(2) An annuity that does not make regular payments for a lifetime or specified number of years will not be excluded from countable resources under this rule.

(3) When an individual applies for medical assistance, both initially and at periodic redetermination (see OAR 461-115-0050 and 461-115-0430), the individual must report any annuity owned by the individual or a spouse of the individual.

(4) By signing the application for assistance, an individual and the spouse of an individual agree that the Department, by virtue of providing medical assistance, becomes a remainder beneficiary as described in sections (8) and (10) of this rule, under any commercial annuity purchased on or after February 8, 2006, unless the annuity is included in the community spouse's resource allowance under OAR 461-160-0580(2)(c).

(5) If the Department is notified about a commercial annuity, the Department will notify the issuer of the annuity about the right of the Department as a preferred remainder beneficiary, as described in sections (8) and (10) of this rule, in the amount of medical assistance provided to the individual.

(6) If an individual or a spouse of an individual purchases or transfers a commercial annuity prior to January 1, 2006, the following applies:

(a) If the individual is in a nonstandard living arrangement (see OAR 461-001-0000), the transaction may be subject to the rules on asset transfers at OAR 461-140-0210 and following. For an annuity that is not disqualifying or the disqualification period has already been served, the annuity is not counted as a resource; payments are counted as unearned income to the payee.

(b) If the individual is in a standard living arrangement, the annuity payments are counted as unearned income to the payee.

(7) Sections 8 and 9 of this rule apply to a commercial annuity if:

(a) The individual is in a nonstandard living arrangement, and the individual or the spouse of the individual purchases an annuity from January 1, 2006 through June 30, 2006; or

(b) The individual is in a standard living arrangement (see OAR 461-001-0000), and the individual or the spouse of an individual purchase an annuity on or after January 1, 2006.

(8) A commercial annuity covered by section (7) of this rule is counted as a resource unless the annuity is excluded by meeting the following requirements:

(a) If a married individual is an annuitant, the annuity must meet the requirements of subsection (8)(d) of this rule.

(b) If an unmarried individual is an annuitant, the annuity must meet the requirements of subsection (8)(d) of this rule, and the annuity must specify that upon the death of the individual, the first remainder beneficiary is either of the following:

(A) The Department, for all funds remaining in the annuity up to the amount of medical assistance provided on behalf of the individual.

(B) The child of the individual, if the Department is the next remainder beneficiary (after this child), up to the amount of medical assistance provided on behalf of the individual, in the event that the child does not survive the individual.

(c) If a spouse of an individual is the annuitant, the annuity must meet the requirements of subsection (8)(d) of this rule, and the annuity must specify that, upon the death of the spouse of the individual, the first remainder beneficiaries are either of the following:

(A) The individual, in the event that the individual survives the spouse; and the Department, in the event that the individual does not survive the spouse, for all funds remaining in the annuity up to the amount of medical assistance provided on behalf of the individual.

(B) A child of the spouse; and the individual in the event that this child does not survive the spouse.

(d) An annuity covered by section (7) of this rule may not be excluded unless the annuity meets all of the following requirements:

(A) The annuity is irrevocable.

(B) The annuity must be actuarially sound.

(C) The annuity is issued by a business that is licensed and approved to issue a commercial annuity by the state in which the annuity is purchased.

(9) If an annuity is excluded as a resource under section (8) of this rule, the annuity payments are counted as unearned income to the payee. If an annuity is a countable resource under section (8) of this rule, the cash value is equal to the amount of money used to establish the annuity, plus any additional payments used to fund the annuity, plus any earnings, minus any regular monthly payments already received, minus early withdrawals, and minus any surrender fees.

(10) This section lists the requirements for a commercial annuity purchased by the individual or the spouse of the individual on or after July 1, 2006, when an individual is in a nonstandard living arrangement, and the annuity names the individual or the community spouse as the annuitant. Annuities that meet all of the requirements of this section are counted as unearned income to the payee. The treatment of annuities that do not meet all requirements of this section is covered in sections (11) and (12) of this rule.

(a) The annuity must comply with one of the following paragraphs:

(A) The first remainder beneficiary is the spouse of the individual; the Department is named as the second remainder beneficiary for up to the total amount of medical assistance paid on behalf of the individual; and in the event that the spouse transfers any of the remainder of the annuity for less than fair market value (see OAR 461-001-0000), the Department is the second remainder beneficiary for up to the total amount of medical assistance paid on behalf of the individual.

(B) The first remainder beneficiary is the annuitant's child ; the Department is named as the second remainder beneficiary for up to the total amount of medical assistance paid on behalf of the individual; and in the event that the child or a representative on behalf of the child transfers any of the remainder of the annuity for less than fair market value , the Department is the second remainder beneficiary for up to the total amount of medical assistance paid on behalf of the individual.

(C) The first remainder beneficiary is the Department for up to the total amount of medical assistance paid on behalf of the individual.

(b) The annuity must be irrevocable.

(d) The annuity must be actuarially sound .

(e) The annuity is issued by a business that is licensed and approved to issue a commercial annuity by the state in which the annuity is purchased.

(11) If the individual is the annuitant and a commercial annuity does not meet all of the requirements of subsections (10) (a), (10)(d), and (10)(e) of this rule, or the spouse of the individual is the annuitant and a commercial annuity does not meet the requirements of subsections (10)(a), (10)(d), and (10)(e) of this rule, there is a disqualifying transfer of assets under OAR 461-140-0210 and following. See OAR 461-140-0296(5) and (6) for calculation of the disqualification period. To the extent to which there is a disqualifying transfer of assets under this section, the annuity is not counted as a resource.

(12) If the annuity does not meet all of the requirements of subsections (10)(b) or (10)(c) of this rule, the annuity is counted as a resource with cash value equal to the amount of money used to establish the annuity, plus any additional payments used to fund the annuity, plus any earnings, minus any regular monthly payments already received, minus early withdrawals, and minus any surrender fees.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.083 & 411.404
Statutes/Other Implemented: ORS 411.060, 411.070, 411.083 & 411.404
SSP 28-2024, minor correction filed 03/18/2024, effective 03/18/2024
SSP 45-2020, amend filed 12/22/2020, effective 01/01/2021
SSP 27-2020, temporary amend filed 08/07/2020, effective 08/07/2020 through 02/02/2021
SSP 21-2020, amend filed 07/08/2020, effective 07/08/2020
SSP 5-2010, f. & cert. ef. 4-1-10
SSP 17-2008, f. & cert. ef. 7-1-08
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06

Or. Admin. R. 461-145-0025 Approved Accounts; OSIPM-EPD

In the OSIPM-EPD program:

(1) All money in an approved account (see OAR 461-001-0035) is excluded as a resource during the determination of eligibility.

(2) Only money from the client's own earned income, or money contributed from an employer based on earnings, may be deposited into an approved account .

(3) A retirement-related approved account must be set up in a financial institution and must comply with IRS regulations.

(4) An asset purchased with money from an approved account is excluded if the asset is for an employment and independence expense (see OAR 461-001-0035).

(5) If money from the approved account is used for a purpose not consistent with the definition of approved account in OAR 461-001-0035, the client will be prohibited from utilizing an approved account for the next 12 months for the purposes of the determination of eligibility.

(6) If an individual loses employment (see OAR 461-001-0035) and meets the requirements to remain on OSIPM-EPD under OAR 461-135-0725(2), all money in an approved account held prior to the loss of employment remains excluded as a resource during the period of extended OSIPM-EPD eligibility.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.010, 411.060, 411.070 & 411.404
SSP 8-2019, amend filed 03/13/2019, effective 04/01/2019
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 17-2003, f. & cert. ef. 7-1-03
AFS 7-1999, f. 4-27-99, cert. ef. 5-1-99
AFS 1-1999(Temp), f. & cert. ef. 2-1-99 thru 7-31-99

Or. Admin. R. 461-145-0030 Bank Account

(1) As used in this rule, a bank account includes a money market account and an account in a financial institution (see OAR 461-001-0000), except that accounts in financial institutions for stocks, bonds, and certificates of deposit (CDs) are covered in OAR 461-145-0520.

(2) Money in a bank account available to one or more members of the financial group (see OAR 461-110-0530) is counted as a resource in accordance with OAR 461-140-0020, unless it is excluded under this rule or another rule in this chapter of rules.

(3) In each of the following situations, money in a bank account is excluded as a resource:

(a) An approved account if excluded under OAR 461-145-0025.

(b) A burial fund if excluded under OAR 461-145-0040.

(c) For Oregon Supplemental Income Program Medical (OSIPM), a designated bank account for an individual receiving benefits under the Independent Choices Program under OAR 411-030-0100 if:

(A) The account is designated to receive program benefits by direct deposit through electronic funds transfer; and

(B) The benefit funds are not commingled with other assets of the individual.

(d) Funds from excluded income if excluded as a resource under OAR 461-140-0070.

(e) An Individual Education Account if excluded under OAR 461-145-0145.

(f) Money for a plan for self-support if excluded under OAR 461-145-0405.

(g) Proceeds from the sale of a home if excluded as a resource under OAR 461-145-0460.

(4) For Medicare Savings Programs (see OAR 461-001-0000) and OSIPM, interest and dividends earned on funds in a bank account are excluded as income.

(5) In all programs except Medicare Savings Programs and OSIPM, interest and dividends earned on funds in a bank account are counted as unearned income, unless the account is excluded as a resource under section (3) of this rule or under another rule in this chapter of rules.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.816, 414.042 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.070, 411.700, 411.816, 414.042 & 412.049
SSP 31-2026, amend filed 07/06/2026, effective 07/06/2026
SSP 8-2021, minor correction filed 02/18/2021, effective 02/18/2021
SSP 14-2007, f. 12-31-07, cert. ef. 1-1-08
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
AFS 11-2001, f. 6-29-01, cert. ef. 7-1-01
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0035 Black Lung Benefits

Black Lung Benefits paid to miners or their survivors under the provisions of the Federal Mine Safety and Health Act are counted as unearned income.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.083, 411.404, 411.816 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.070, 411.083, 411.404, 411.816 & 412.049
SSP 10-2017, f. 3-24-17, cert. ef. 4-1-17
SSP 44-2016, f. 12-7-16, cert. ef. 1-1-17

Or. Admin. R. 461-145-0040 Burial Arrangements and Burial Fund

(1) The following definitions apply to this rule:

(a) "Burial arrangement" means an agreement with an entity — such as a funeral agreement (which means an arrangement made with a licensed funeral provider), burial insurance, or a burial trust designating a funeral director as the beneficiary that establishes provisions for payment of an individual’s burial costs. A "burial arrangement" does not include a burial space, which is covered in OAR 461-145-0050, or a burial fund (see subsection (b) of this section).

(b) "Burial fund" means an identifiable fund set aside for an individual's burial costs. A "burial fund" does not include a burial space, which is covered in OAR 461-145-0050, or a burial arrangement (see subsection (a) of this section).

(c) In all programs except Oregon Supplemental Income Program Medical (OSIPM) and Qualified Disabled and Working Individual (QDWI), burial insurance is considered a form of life insurance and treated in accordance with OAR 461-145-0320.

(2) A burial arrangement is treated as follows:

(a) In the Refugee Assistance (REF), Refugee Assistance Medical (REFM), Supplemental Nutrition Assistance Program (SNAP), and Temporary Assistance for Needy Families (TANF) programs, the equity value (see OAR 461-001-0000) of one prepaid b urial arrangement for each member of the filing group (see OAR 461-110-0310) is excluded.

(b) For individuals eligible for OSIPM under OAR 461-125-0330(2), 461-125-0370(1)(b), and 461-135-0771, up to $1,000 in combined equity value of each burial arrangement with a licensed funeral director (plus accrued interest) and life insurance policies is excluded. The amount of combined cash and equity value of all life insurance and burial arrangements that exceeds $1,000 is counted as a resource.

(A) The amount in an irrevocable burial trust or any other irrevocable arrangement to cover burial costs is excluded.

(B) Burial insurance that does not generate a cash surrender value or generates cash surrender value to which the owner does not have access, is considered an irrevocable arrangement and excluded.

(C) Burial insurance that generates a cash surrender value to which the owner has access is considered life insurance and is treated in accordance with OAR 461-145-0320 and, as applicable, subsection (b) of this section.

(d) Except as provided in subsections (b) and (c) of this section, in all programs not listed in subsection (a) of this section, a burial arrangement is treated in the manner as the program treats a burial fund under section (3) of this rule.

(3) A burial fund is treated as follows:

(a) In the OSIPM and QDWI programs:

(A) A burial fund may be established only from financial means such as cash, burial contracts, bank accounts, stocks, bonds, or life insurance policies.

(B) A burial fund is counted as a resource if it is commingled with assets unrelated to a burial. The amount set aside for burial must be in a separate account to be excluded from resource consideration.

(C) A burial fund may be established if the countable (see OAR 461-001-0000) resources of the individual exceed allowable limits. A burial fund is excluded from the resource calculation to the extent allowed in paragraph (D) of this subsection.

(D) The following calculation determines the exclusion for a burial fund :

(i) Up to $1,500 of a burial fund may be excluded from resources for each of the following:

(I) The individual.

(II) The individual's spouse.

(ii) The amount in subparagraph (i) of this paragraph is reduced by the total of the following amounts:

(I) The face value of life insurance policies owned by the individual that have already been excluded from resources. This does not include term life insurance policies that do not generate a cash surrender value.

(II) The amount in an irrevocable burial trust or any other irrevocable arrangement designated to cover burial costs, including the face value of burial insurance considered an irrevocable arrangement (see subsection (2)(c)(B) of this rule). Burial costs do not include burial spaces or merchandise (see OAR 461-145-0050).

(E) All interest earned on an excluded burial fund or increases in the value of an excluded burial arrangement if left in the fund is excluded from income.

(b) In the Qualifying Individual (QI), Qualified Medicare Beneficiary (QMB), and Specified Low-Income Medicare Beneficiary (SLMB) programs, a burial fund is excluded as a resource.

(4) There is no overpayment for the time period during which the burial arrangement or burial fund existed if the individual:

(a) Cancels an excluded burial arrangement ; or

(b) Uses an excluded burial fund for any purpose other than burial costs.

(5) If an asset originally used as a burial arrangement or burial fund is converted to other uses, the asset is treated under the other applicable rules.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.706, 411.816, 412.049, 413.085 & 414.619
Statutes/Other Implemented: ORS 409.050, 411.060, 411.070, 411.404, 411.706, 411.816, 412.049, 413.085, 414.619, ORS 409.010 & 414.117
SSP 31-2026, amend filed 07/06/2026, effective 07/06/2026
SSP 46-2023, minor correction filed 09/21/2023, effective 09/21/2023
SSP 17-2023, amend filed 06/14/2023, effective 07/01/2023
SSP 56-2022, minor correction filed 11/07/2022, effective 11/07/2022
SSP 73-2021, minor correction filed 12/15/2021, effective 12/15/2021
SSP 21-2020, amend filed 07/08/2020, effective 07/08/2020
SSP 28-2018, amend filed 09/06/2018, effective 10/01/2018
SSP 14-2017, f. 6-5-17, cert. ef. 7-1-17
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 35-2015, f. 12-23-15, cert. ef. 1-1-16
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 18-2010, f. & cert. ef. 7-1-10
SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
SSP 6-2004, f. & cert. ef. 4-1-04
SSP 29-2003(Temp), f. 10-31-03, cert. ef. 11-1-03 thru 3-31-04
AFS 10-2000, f. 3-31-00, cert. ef. 4-1-00
AFS 9-1997, f. & cert. ef. 7-1-97
AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97
AFS 21-1995, f. 9-20-95, cert. ef. 10-1-95
AFS 6-1994, f. & cert. ef. 4-1-94
AFS 28-1992, f. & cert. ef. 10-1-92
AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92
AFS 16-1991, f. 8-27-91, cert. ef. 9-1-91
AFS 12-1991(Temp), f. & cert. ef. 7-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0050 Burial Space and Merchandise

(1) For the purpose of this rule, burial spaces include conventional gravesites, crypts, mausoleums, urns, niches, burial vaults, and other repositories that are traditionally used for the remains of deceased individuals. Burial spaces also include headstones and the opening and closing of the gravesite, and the reasonable and necessary improvements or additions to such spaces. Burial merchandise includes, but is not limited to, urns, caskets, liners, headstones, markers, plaques and foundations.

(2) In the Refugee Assistance (REF), Refugee Assistance Medical (REFM), Supplemental Nutrition Assistance Program (SNAP), and Temporary Assistance for Needy Families (TANF) programs, the Department excludes as a resource the equity value (see OAR 461-001-0000) of all burial space or merchandise for each member of the financial group (see OAR 461-110-0530), except that for burial space and merchandise that serves the same purpose, only one item per individual is excluded.

(3) In the Oregon Supplemental Income Program Medical (OSIPM) and Qualified Disabled and Working Individual (QDWI) programs, the Department excludes as a resource the equity value (see OAR 461-001-0000) of a burial space and merchandise if owned by the individual and designated for the individual, the spouse (see OAR 461-001-0000) of the individual, minor and adult children, siblings, parents, and the spouse of any of these individuals – except that for burial space and merchandise that serves the same purpose, only one item per individual is excluded.

History

Statutory/Other Authority: ORS 409.050, 410.070, 411.060, 411.070, 411.404, 411.706, 411.816, 412.014, 412.049, 413.085 & 414.619
Statutes/Other Implemented: ORS 409.050, 410.070, 411.060, 411.070, 411.404, 411.706, 411.816, 412.014, 412.049, 413.085, 414.619, ORS 409.010, 410.020, 410.080 & 414.117
SSP 31-2026, amend filed 07/06/2026, effective 07/06/2026
SSP 17-2023, amend filed 06/14/2023, effective 07/01/2023
SSP 14-2017, f. 6-5-17, cert. ef. 7-1-17
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 35-2015, f. 12-23-15, cert. ef. 1-1-16
SSP 11-2015, f. 3-13-15, cert. ef. 4-1-15
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
SSP 6-2004, f. & cert. ef. 4-1-04
SSP 29-2003(Temp), f. 10-31-03, cert. ef. 11-1-03 thru 3-31-04
AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97
AFS 21-1995, f. 9-20-95, cert. ef. 10-1-95
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0060 Cash

(1) In the month of receipt, cash is counted as income unless the cash qualifies as excluded income under another rule in Chapter 461.

(2) After the month of receipt, cash (including cash on hand, cash in a safety deposit box, and cash held by others) is counted as a resource, unless the cash qualifies as an excluded resource under another rule in chapter 461.

(3) Foreign currency that can be converted to U.S. currency is treated in the same manner as cash under this rule. The value of foreign currency is its value in U.S. currency, determined by the current exchange rate.

(4) The treatment of a check is based on the source of the funds.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.816, 414.042 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.070, 411.700, 411.816, 414.042 & 412.049
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0080 Child Support and Cash Medical Support

(1) Child support and cash medical support paid by a non-custodial parent for a dependent child (see OAR 461-001-0000) or minor parent (see OAR 461-001-0000) in the financial group (see OAR 461-110-0530) are considered income of the dependent child or minor parent , whether the support is paid voluntarily or in accordance with an order to pay child support.

(2) For the purposes of this rule:

(a) “Absent parent” means a parent (see OAR 461-001-0000) whose parental rights have not been legally severed or a stepparent currently legally married (see OAR 461-001-0000) to a parent of a child (see OAR 461-001-0000) who does not live in the same household as the child .

(b) "Disregard" means child support, up to $50 per dependent child or minor parent per financial group per month and not to exceed $200 per financial group per month, that is not counted as income of the individual. "Disregard" includes current child support only.

(c) "Pass-through" means child support, up to $50 per dependent child or minor parent per financial group per month and not to exceed $200 per financial group per month, that is sent to the individual before any remaining amount of current child support is withheld by the State. "Pass-through" includes current child support only.

(3) In the Supplemental Nutrition Assistance Program (SNAP), child support and cash medical support are treated as follows:

(a) Child support payments the group receives that are subject to assignment of support rights under OAR 461-120-0310 in order to maintain Temporary Assistance for Needy Families (TANF) eligibility are excluded, even if the group fails to turn the payments over to the Oregon Child Support Program.

(b) Child support payments received by a filing group (see OAR 461-110-0370) with at least one member working under a TANF JOBS Plus agreement are excluded, except:

(A) It is considered countable unearned income in the calculation of the wage supplement; and

(B) Any pass-through pursuant to section (2) of this rule is considered countable unearned income.

(c) All other child support, including any pass-through pursuant to section (2) of this rule, is considered countable unearned income.

(d) Cash medical support is considered countable unearned income except to the extent it is used to reimburse (see OAR 461-145-0440) an actual medical cost.

(e) Payments made by an absent parent (see section (2) of this rule) to a third party for the benefit of the financial group are treated in accordance with OAR 461-145-0280.

(4) In the TANF program:

(a) Cash medical support is excluded in determining countable income.

(b) Child support paid to a third party for the benefit of the financial group is considered countable unearned income. This includes but is not limited to payments made by an absent parent to a third party for rent, mortgage, utilities, or child care.

(A) In determining initial eligibility for all households, child support payments, except for disregard pursuant to section (2) of this rule, are considered countable unearned income. This includes any child support payments that would be assigned to the Oregon Child Support Program if the TANF application is approved.

(B) In calculating initial benefit amount for single parent or single caretaker relative (see OAR 461-001-0000) households, child support payments received after eligibility is determined and authorized are excluded, except certain child support arrears payments. Child support arrears payments that the Department reasonably determines will continue to be sent by the Oregon Child Support Program to the financial group are considered countable unearned income.

(C) In calculating initial benefit amount for two parent or two caretaker relative households, child support payments, except for disregard , are considered countable unearned income.

(d) Ongoing eligibility (see OAR 461-001-0000) and benefit amount, except households with an individual working under a TANF JOBS Plus agreement –

(A) In determining on-going eligibility for single parent or single caretaker relative households, child support payments received by the Oregon Child Support Program or received directly and turned over to the Oregon Child Support Program are considered countable unearned income, except disregard, which is excluded in determining countable income. No disregard is allowed for child support payments received directly and not turned over to the Oregon Child Support Program.

(B) In determining ongoing eligibility for two parent or two caretaker relative households, child support payments are considered countable unearned income, except disregard which is excluded in determining countable income.

(i) Child support payments received by the Oregon Child Support Program and pass-through are excluded, except certain child support arrears payments. Child support arrears payments that are sent by the Oregon Child Support Program to the financial group and reasonably anticipated to continue are considered countable unearned income.

(ii) Child support payments paid directly to the financial group that are not turned over to the Oregon Child Support Program are considered countable unearned income. No disregard is allowed.

(D) In calculating ongoing benefit amount for two parent or two caretaker relative households, child support payments are considered countable unearned income, except for disregard which is excluded in determining countable income.

(e) Ongoing eligibility and benefit amount for households that include an individual working under a TANF JOBS Plus agreement:

(A) Child support payments are excluded in determining countable income.

(B) Child support payments are excluded when calculating the TANF portion of the benefit equivalency standards (see OAR 461-190-0416).

(C) All child support payments paid directly to the financial group are considered countable unearned income in the calculation of the wage supplement (see OAR 461-190-0416).

(5) For Medicare Savings Programs (see OAR 461-001-0000) and Oregon Supplemental Income Program Medical (OSIPM):

(a) Child support and cash medical support paid to the financial group are considered countable unearned income, except as follows:

(A) One-third of all cash child support (including cash medical support) paid to an individual is excluded.

(B) All in-kind child support paid to the financial group is excluded.

(C) Child support collected from an absent parent (see section (2) of this rule) by the State on behalf of a child in the custody of the State of Oregon (such as foster care) that is not given to the child or the custodial parent of the child is excluded.

(D) Child support payments collected by the State of Oregon that are given to the individual or to the custodial parent are counted in accordance with paragraph (A) or (C) of this subsection.

(b) Child support and cash medical support paid by the financial group are not deductible from income except as provided in OAR 461-160-0550, OAR 461-160-0551, and OAR 461-160-0552.

(6) In the State Family Pre-SSI/SSDI (SFPSS) program, notwithstanding section (4) of this rule, for on-going eligibility and benefit determination:

(a) Except for disregard pursuant to section (2) of this rule, child support is considered countable unearned income.

(b) Cash medical support is excluded in determining countable income.

(c) Payments made by an absent parent to a third party for the benefit of the financial group are considered countable unearned income. This includes but is not limited to payments made by an absent parent to a third-party for rent, mortgage, utilities, or child care.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.816, 412.009, 412.014, 412.049, 413.085 & 414.619
Statutes/Other Implemented: 409.010, 411.060, 411.070, 411.404, 411.816, 412.009, 412.014, 412.049, 413.085 & 414.619
SSP 31-2026, amend filed 07/06/2026, effective 07/06/2026
SSP 53-2024, minor correction filed 09/04/2024, effective 09/04/2024
SSP 17-2023, amend filed 06/14/2023, effective 07/01/2023
SSP 40-2022, amend filed 06/29/2022, effective 07/01/2022
SSP 28-2018, amend filed 09/06/2018, effective 10/01/2018
SSP 21-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 11-2018, amend filed 03/09/2018, effective 04/01/2018
SSP 23-2017, f. 9-11-17, cert. ef. 10-1-17
SSP 38-2015, f. 12-25-15, cert. ef. 1-1-16
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 36-2012, f. 12-28-12, cert. ef. 12-29-12
SSP 31-2012(Temp), f. 9-28-12, cert. ef. 10-1-12 thru 12-28-12
SSP 30-2012, f. 9-28-12, cert. ef. 10-1-12
SSP 24-2012(Temp), f. 6-29-12, cert. ef. 7-1-12 thru 12-28-12
SSP 9-2012, f. 3-29-12, cert. ef. 4-1-12
SSP 29-2011(Temp), f. & cert. ef. 10-5-11 thru 4-2-12
SSP 28-2009, f. & cert. ef. 10-1-09
SSP 12-2009(Temp), f. 6-23-09, cert. ef. 7-1-09 thru 12-28-09
SSP 23-2008, f. & cert. ef. 10-1-08
SSP 17-2008, f. & cert. ef. 7-1-08
SSP 7-2008(Temp), f. & cert. ef. 3-21-08 thru 9-17-08
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08
SSP 10-2007, f. & cert. ef. 10-1-07
SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05
SSP 16-2003, f. & cert. ef. 7-1-03
SSP 7-2003, f. & cert. ef. 4-1-03
AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00
AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00
AFS 9-1997, f. & cert. ef. 7-1-97
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 29-1994, f. 12-29-94, cert. ef. 1-1-95
AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 8-1992, f. & cert. ef. 4-1-92
AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92
AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0086 Contributions

(1) Contributions are monies, not considered gifts or winnings under OAR 461-145-0210, given voluntarily to a member of a financial group (see OAR 461-110-0530) by someone who is not in the group.

(2) In the SNAP program, contributions are counted as unearned income, except that contributions from charitable sources are excluded if all the following are true:

(a) The contribution is from a private, nonprofit charitable organization.

(b) The contribution is based on need.

(3) Except as provided in section (2) of this rule, contributions are counted as unearned income.

(4) See OAR 461-145-0280 for the treatment of unearned in-kind income.

History

Statutory/Other Authority: ORS 411.060, 411.404, 411.816 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.404, 411.700, 411.816 & 412.049
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
Renumbered from 461-145-0070, SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06
AFS 11-1999, f. & cert. ef. 10-1-99
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0087 Coronavirus Aid, Relief, and Economic Security (CARES) Act

(1) In all programs, Recovery Rebate payments authorized by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) are:

(a) Excluded assets (OAR 461-001-0000) in the month of receipt,

(b) Excluded assets for 12 full months starting with the month following the month of receipt, and

(2) Federal Pandemic Unemployment Assistance payments authorized by the CARES Act are not Disaster Unemployment Assistance (see OAR 461-145-0100) and are treated as follows:

(a) Retroactive payments are counted as periodic or lump-sum income (see OAR 461-140-0110 and 461-140-0120), and

(b) All other payments are counted as unearned income.

(3) Federal Pandemic Unemployment Compensation payments authorized by the CARES Act are treated as follows:

(a) For all programs, Federal Pandemic Unemployment Compensation payments are not Disaster Unemployment Assistance (see OAR 461-145-0100).

(b) In the GA and OSIPM programs, the payments are excluded assets in the month of receipt. All funds remaining after the month of receipt are a countable resource.

(d) In the DSNAP and SNAP programs, the payments are excluded assets in the month of receipt and the following nine months. All funds remaining after the exclusion period are a countable resource.

(e) In all other programs,

(A) Retroactive payments are counted as periodic or lump-sum income (see OAR 461-140-0110 and 461-140-0120), and

(B) All other payments are counted as unearned income.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.083, 411.404, 411.816, 412.014 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.070, 411.083, 411.404, 411.816, 412.014 & 412.049
SSP 26-2021, amend filed 03/24/2021, effective 04/01/2021
SSP 1-2021, temporary amend filed 01/22/2021, effective 01/25/2021 through 07/23/2021
SSP 33-2020, adopt filed 09/21/2020, effective 10/01/2020
SSP 14-2020, temporary adopt filed 06/16/2020, effective 06/16/2020 through 12/12/2020

Or. Admin. R. 461-145-0088 Corporations and Business Entities; Income and Resources; Not Medicare Savings Programs or OSIPM

Retroactively effective July 6, 2020:

(1) The value of stocks or other ownership interest in a corporation is a resource.

(2) Resources of the corporation essential to the employment of an individual are excluded. For instance, if the corporation owns equipment used by the individual to produce income for the corporation, the equipment is an excluded resource. If an individual must own stock in the corporation as a condition of working for the corporation, the stock is an excluded resource.

(3) Except as provided in OAR 461-140-0040(2), gross income of a corporation is income of an individual if determined to be self-employment as defined in OAR 461-145-0910(2) and is considered available when the business receives the income. If not self-employment, the income of a corporation is considered income of the business until distributed to the individual.

(4) For an expenditure by a business entity or corporation that benefits a principal such as a car or housing payment:

(a) The payment is considered available when the expenditure is made.

(b) For purposes of this rule, a "principal" means an individual with significant authority in a business entity or corporation, including a sole proprietor, a self-employed person (see OAR 461-145-0910), a partner in a partnership, a member or manager of a limited liability company, and an officer or principal stockholder of a closely held corporation.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.816 & 412.049
Statutes/Other Implemented: ORS 409.010, 409.050, 411.060, 411.070, 411.816 & 412.049
SSP 31-2026, amend filed 07/06/2026, effective 07/06/2026
SSP 21-2020, amend filed 07/08/2020, effective 07/08/2020
SSP 10-2017, f. 3-24-17, cert. ef. 4-1-17
SSP 25-2015, f. 9-29-15, cert. ef. 10-1-15
SSP 11-2015, f. 3-13-15, cert. ef. 4-1-15
SSP 10-2007, f. & cert. ef. 10-1-07
SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06
AFS 11-1999, f. & cert. ef. 10-1-99

Or. Admin. R. 461-145-0089 Corporations and Other Business Entities; Income and Resources, Not Self-Employment; Medicare Savings Programs and OSIPM

For Medicare Savings Programs (see OAR 461-001-0000) and Oregon Supplemental Income Program Medical (OSIPM):

(1) For purposes of this rule:

(a) "Business entity" includes a sole proprietorship, a partnership, and an unincorporated limited liability company.

(b) "Principal" means an individual with significant authority in and responsibility for the success or failure of a corporation or "business entity" (see subsection (a) of this section), including:

(A) A sole proprietor.

(B) A general partner in a partnership.

(D) An officer or stockholder with controlling shares in a closely-held corporation.

(2) This rule applies to an individual who has an ownership interest in:

(a) A corporation; or

(b) A business entity , but is not considered self-employed (see OAR 461-145-0915).

(3) For an individual with an ownership interest in and actively working for a corporation:

(a) Unless the individual meets the specific criteria for self-employment in OAR 461-145-0915, the individual is not considered self-employed, regardless of whether or not the individual is a principal (see subsection (1)(b) of this rule). Income from actively working for the corporation is counted as earned income as provided in OAR 461-145-0130.

(b) Dividends or profits are counted as unearned income.

(d) Property and resources owned by the corporation are excluded.

(e) Except in the Qualified Medicare Beneficiary (QMB), Qualifying Individual (QI), and Specified Low-Income Medicare Beneficiary (SLMB) programs, if maintaining an ownership interest in a corporation is required for employment, the equity value (see OAR 461-001-0000) of the ownership interest is excluded; otherwise it is counted as provided in subsection (6)(a) of this rule.

(f) A non-business expenditure – including, but not limited to, a car or housing payment – paid by the corporation that benefits the individual is treated as earned income of the individual.

(4) If the individual has an ownership interest in a business entity , is considered a principal , and is actively working in the business entity , the individual is considered self-employed (see OAR 461-145-0915).

(5) If the individual has an ownership interest in a business entity , is not considered a principal , and is actively working in the business entity :

(a) The individual’s income, not including dividends or profits from the business entity , is counted as earned income as provided in OAR 461-145-0130.

(b) Dividends or profits are treated as unearned income.

(c) Except in the QMB, QI, and SLMB programs, if maintaining an ownership in the business entity is required for employment, the equity value of the ownership interest is excluded; otherwise it is counted as provided in subsection (6)(a) of this rule.

(d) A non-business expenditure – including, but not limited to, a car or housing payment – paid by a business entity that benefits the individual is counted as earned income of the individual.

(6) If the individual has an ownership interest in a corporation or business entity , but is not actively working in the corporation or business entity :

(a) Except in the QMB, QI, and SLMB programs, and except as provided in OAR 461-140-0020, the equity value of an ownership interest in a corporation or business entity , other than stock in the corporation, is counted as a resource. See OAR 461-145-0520 for how to treat stock.

(b) Except as provided in OAR 461-140-0040, income of the individual from a corporation or business entity is counted as unearned income of the individual.

(c) A non-business expenditure – including, but not limited to, a car or housing payment – paid by a corporation or business entity that benefits the individual is counted as unearned income of the individual.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.083, 411.404, 411.706, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.010, 409.050, 411.060, 411.070, 411.083, 411.404, 411.706, 413.085, 414.685 & 414.839
SSP 31-2026, amend filed 07/06/2026, effective 07/06/2026
SSP 21-2020, amend filed 07/08/2020, effective 07/08/2020
SSP 28-2018, amend filed 09/06/2018, effective 10/01/2018
SSP 11-2018, amend filed 03/09/2018, effective 04/01/2018
SSP 35-2015, f. 12-23-15, cert. ef. 1-1-16
SSP 25-2015, f. 9-29-15, cert. ef. 10-1-15

Or. Admin. R. 461-145-0090 Disability Benefit

(1) This rule covers public and private disability benefits, except the following:

(a) Agent Orange disability benefits (covered in OAR 461-145-0005).

(b) Paid Leave Oregon benefits (covered in OAR 461-145-0375).

(d) Social security based on disability or Supplemental Security Income (SSI) (covered in OAR 461-145-0490 and 461-145-0510).

(e) Veterans benefits (covered in OAR 461-145-0580).

(f) Workers compensation (covered in OAR 461-145-0590).

(2) For each disability payment covered under this rule:

(a) If received monthly or more frequently:

(A) In the Refugee Assistance (REF), Refugee Assistance Medical (REFM), Supplemental Nutrition Assistance Program (SNAP), and Temporary Assistance for Needy Families (TANF) programs, income from employer-sponsored disability insurance is counted as earned income (see OAR 461-145-0130) if paid to an individual who is still employed while recuperating from an illness or injury.

(B) For Medicare Savings Programs (see OAR 461-001-0000) and Oregon Supplemental Income Program Medical (OSIPM), income from employer-paid disability insurance is counted as earned income if received within six full calendar months after stopping work.

(b) All payments other than those in subsection (a) of this section are counted as periodic or lump-sum income (see OAR 461-140-0110 and 461-140-0120).

History

Statutory/Other Authority: ORS 411.060, 411.816 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.083, 411.816 & 412.049
SSP 31-2026, amend filed 07/06/2026, effective 07/06/2026
SSP 22-2023, amend filed 06/26/2023, effective 07/01/2023
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 17-2008, f. & cert. ef. 7-1-08
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0100 Disaster Relief

(1) As used in this rule:

(a) A major disaster is any natural catastrophe such as a hurricane or drought, or, regardless of cause, any fire, flood or explosion, which the President determines causes damage of sufficient severity and magnitude.

(b) An emergency is any occasion or instance for which the President determines that Federal assistance is needed to supplant State and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe.

(c) Disaster Unemployment Assistance is emergency assistance authorized under P.L. 100-107 and received by individuals who are unemployed as a result of a major disaster. Individuals receiving Disaster Unemployment Assistance are not eligible for other unemployment compensation and cannot receive both at the same time. Payments are limited to 26 weeks.

(2) Except as otherwise stated in sections (4) to (8) of this rule and at OAR 461-140-0070, payments described in section (3) of this rule are not counted as income or resources when determining eligibility for or benefit levels.

(3) This rule applies to each of the following payments if precipitated by an emergency or major disaster:

(a) Payments received under the Disaster Relief Act of 1974 (P.L. 93-288, section 312(d)) as amended by the Disaster Relief and Emergency Assistance Amendments of 1988 (P.L. 100-707, Section 105(i)).

(b) Disaster assistance comparable to subsection (a) of this section provided by States, local governments, and disaster assistance organizations.

(d) Individual and Family Grant Assistance program (IFG).

(e) Grants or loans by the Small Business Administration (SBA).

(f) Voluntary disaster assistance organizations, such as the Red Cross.

(g) Private insurance payments for losses due to a major disaster such as flood, wind, land movement.

(4) Government payments designated for the restoration of a home damaged in a disaster are excluded as income or resources in the month of receipt and as a resource in subsequent months, if the household is subject to a legal sanction if the funds are not used as intended.

(5) Each payment made to farmers under the Disaster Assistance Act of 1988 (P.L. 100-387) for crop losses or failure in a disaster is excluded.

(6) Income received from public and private organizations by individuals working in disaster relief efforts and funded under a National Emergency Grant by WIA title 1 (P.L. 105-220) is excluded. An individual is eligible under this funding source if he or she is a dislocated worker, a long-term unemployed individual, or is temporarily or permanently laid off as a consequence of the disaster. Eligibility under this funding source is limited to a period of up to six months per disaster.

(7) Disaster Unemployment Assistance is excluded as both income and a resource.

(8) Payments for flood mitigation received by a homeowner under the National Flood Insurance Act of 1968 as amended by P.L. 109-64, are not counted as income or resources.

History

Statutory/Other Authority: ORS 411.060, 411.816 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.700, 411.816 & 412.049
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0105 Disqualifying Income; SNAP

(1) "TANF disqualifying income" is the portion of a TANF grant lost because of a reason listed in section (2) of this rule. It is determined by finding the difference between the TANF cash payment prior to imposition of the reduction and the payment due after the reduction described in section (2) is imposed. The incentive payment authorized by OAR 461-135-0210 is not included in the calculation.

(2) A reduction to a TANF cash payment for any of the following reasons results in TANF disqualifying income:

(a) A failure to pursue assets as required by OAR 461-120-0330;

(b) A failure to help the Department obtain child support from a non-custodial parent as required by OAR 461-120-0340;

(d) A failure to comply with requirements of the employment programs (see OAR 461-130-0330);

(e) A failure to seek treatment for substance abuse or mental health evaluation and treatment under OAR 461-135-0085;

(f) An IPV penalty imposed under OAR 461-195-0621;

(g) Repayment of a client error (see OAR 461-195-0501) overpayment in the TANF program other than the repayment of an overpayment resulting from continuing benefits because of a hearing request;

(h) Repayment of an overpayment in the TANF program that results from an intentional program violation (see OAR 461-195-0601).

(3) Eligibility for and the level of SNAP benefits are determined as if the client is receiving the TANF disqualifying income until:

(a) The TANF penalty is removed;

(b) The household becomes ineligible for TANF for a reason not included in section (2) of this rule;

(d) The TANF cash or MAA case has been closed for at least 12 months.

History

Statutory/Other Authority: ORS 411.816
Statutes/Other Implemented: ORS 411.816
SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07
SSP 17-2004, f. & cert. ef. 7-1-04

Or. Admin. R. 461-145-0108 Dividends, Interest and Royalties

(1) For Medicare Savings Programs (see OAR 461-001-0000) and Oregon Supplemental Income Program Medical (OSIPM):

(a) Unless otherwise stated in chapter 461 of the Oregon Administrative Rules, dividends and interest earned on mutual funds and securities, including stocks, bonds, educational savings bonds, and certificates of deposit (CDs), are excluded as income. Interest earned on other assets is treated according to the rule for that asset.

(b) Royalties include compensation paid to the owner for the use of property, usually copyrighted material or natural resources, such as coal, oil, or natural gas, which normally are extracted from the ground. Except as provided in paragraphs (A) and (B) of this subsection, royalties are treated as unearned income.

(A) For an individual who is actively working in the trade or business that generates the royalties:

(i) Income is treated as self-employment if self-employment criteria are met (see OAR 461-145-0915 regarding self-employment criteria).

(ii) Income that does not meet self-employment criteria is counted as earned income.

(B) Royalties received by an individual in connection with any publication of the individual’s work are treated as earned income (see OAR 461-145-0130).

(2) For all programs except Medicare Savings Programs and OSIPM:

(a) Dividends are counted as unearned income.

(b) Interest income is counted as unearned income.

(c) Royalties are counted as unearned income, except that royalties are counted as earned income if the individual is actively engaged in the activity from which the royalties are accrued.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.816, 414.042 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.070, 411.816, 414.042 & 412.049
SSP 31-2026, amend filed 07/06/2026, effective 07/06/2026
SSP 11-2018, amend filed 03/09/2018, effective 04/01/2018
SSP 14-2017, f. 6-5-17, cert. ef. 7-1-17
SSP 14-2007, f. 12-31-07, cert. ef. 1-1-08
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06

Or. Admin. R. 461-145-0110 Domestic Volunteer Services Act (VISTA, RSVP) and Small Business Act (SCORE, ACE)

In all Department programs covered by Chapter 461 of the Oregon Administrative Rules, with respect to federal programs under the Domestic Volunteers Service Act of 1973 (Pub. L. No. 93 113):

(1) Payments under Title I — VISTA, University Year of Action, and Urban Crime Prevention — are treated as follows:

(a) For Medicare Savings Programs (see OAR 461-001-0000) and Oregon Supplemental Income Program Medical (OSIPM), these payments are excluded.

(b) For all programs except Medicare Savings Programs , OSIPM, Refugee Assistance (REF), Refugee Assistance Medical (REFM), and Temporary Assistance for Needy Families (TANF):

(A) The payments are excluded if the individual is receiving Department program benefits when they join the Title I program. The exclusion of payments continues until the individual has a break in receiving Department benefits of more than one month.

(B) The payments are counted as earned income for individuals who joined the Title I program before applying for Department program benefits.

(c) In the REF, REFM, and TANF programs, the value of the educational award is excluded; all remaining payments count as earned income.

(2) Payments are excluded for programs under Title II (National Older Americans Volunteer Programs), which include:

(a) Retired Senior Volunteer Program (RSVP) Title II, Section 201.

(b) Foster Grandparent Program Title II, Section 211.

(d) Senior Companion Program.

(3) Payments are excluded for programs under 15 USC 637(a)(1) (the Small Business Act), which include:

(a) Service Corps of Retired Executives (SCORE); and

(b) Active Corps of Executives (ACE).

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.083, 411.404, 411.706, 411.816, 412.049, 413.085 & 414.619
Statutes/Other Implemented: 411.060, 411.070, 411.083, 411.404, 411.706, 411.816, 412.049, 413.085, 414.619 & ORS 409.010
SSP 31-2026, amend filed 07/06/2026, effective 07/06/2026
SSP 17-2023, amend filed 06/14/2023, effective 07/01/2023
SSP 22-2017, f. 9-8-17 & cert. ef. 10-1-17
SSP 14-2017, f. 6-5-17, cert. ef. 7-1-17
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 10-2007, f. & cert. ef. 10-1-07
SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06
AFS 17-2000, f. 6-28-00, cert. ef. 7-1-00
AFS 29-1994, f. 12-29-94, cert. ef. 1-1-95
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0120 Earned Income; Defined

Earned income is income received in exchange for an individual's physical or mental labor. Earned income includes all of the following:

(1) Compensation for services performed, including wages, salaries, commissions, tips, sick leave, vacation pay, draws, or the sale of blood or plasma.

(2) Income from on-the-job-training, paid job experience, JOBS Plus work experience, or Welfare-to-Work work experience.

(3) In-kind income, when an individual is an employee of the person providing the in-kind income and the income is in exchange for work performed by the individual, or when received as compensation from self-employment.

(4) For self-employment, gross receipts and sales, including mileage reimbursements, before costs.

(5) In:

(a) The Supplemental Nutrition Assistance Program (SNAP), cafeteria plan (see OAR 461-001-0000) benefits, and funds placed in a flexible spending account.

(b) All programs except the SNAP program, cafeteria plan benefits that an employee takes as cash, and funds placed in a flexible spending account.

(6) Income from work-study.

(7) Income from profit sharing that the individual receives monthly or periodically, except as provided in OAR 461-145-0089 for Medicare Savings Programs (see OAR 461-001-0000) and Oregon Supplemental Income Program Medical (OSIPM).

(8) The fee for acting as an individual's representative payee, when that individual is not included in the filing group (see OAR 461-110-0310).

(9) In the SNAP program, expenditure by a business entity that substantially benefits a principal (see OAR 461-145-0088).

(10) The income a principal (see OAR 461-145-0089) earns working for a corporation, unless the individual can be considered self-employed under OAR 461-145-0910 or OAR 461-145-0915.

(11) For Medicare Savings Programs and OSIPM, a non-business expenditure — including, but not limited to, a personal car or housing payment — paid by an individual's corporation or business entity (see OAR 461-145-0089) that benefits the individual.

History

Statutory/Other Authority: ORS 329A.500, 409.050, 411.060, 411.070, 411.404, 411.706, 411.816, 412.049, 413.085 & 414.685
Statutes/Other Implemented: ORS 329A.500, ORS 409.010, 411.060, 411.070, 411.404, 411.706, 411.816, 412.049, 413.085, 414.685 & 414.839
SSP 31-2026, amend filed 07/06/2026, effective 07/06/2026
SSP 21-2020, amend filed 07/08/2020, effective 07/08/2020
SSP 22-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 11-2018, amend filed 03/09/2018, effective 04/01/2018
SSP 25-2015, f. 9-29-15, cert. ef. 10-1-15
SSP 12-2015, f. 3-16-15, cert. ef. 4-1-15
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 8-2008, f. & cert. ef. 4-1-08
SSP 10-2007, f. & cert. ef. 10-1-07
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
SSP 17-2004, f. & cert. ef. 7-1-04
SSP 23-2003, f. & cert. ef. 10-1-03
AFS 13-2002, f. & cert. ef. 10-1-02
AFS 10-2002, f. & cert. ef. 7-1-02
AFS 11-1999, f. & cert. ef. 10-1-99
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94
AFS 28-1992, f. & cert. ef. 10-1-92
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0130 Earned Income; Treatment

(1) Earned income (see OAR 461-145-0120) is countable (see OAR 461-001-0000) in determining eligibility (see OAR 461-001-0000) for programs, subject to the provisions in sections (2) to (9) of this rule.

(2) JOBS Plus income is earned income and is treated as follows:

(a) In the Supplemental Nutrition Assistance Program (SNAP) program:

(A) JOBS Plus income earned by a Temporary Assistance for Needy Families - Plus (TANF-PLS) participant:

(i) Is counted in determining initial SNAP program eligibility .

(ii) Is excluded in determining ongoing eligibility .

(B) JOBS Plus wages received after the individual's last month of work under a TANF-PLS JOBS Plus agreement are counted.

(b) In the Temporary Assistance for Needy Families (TANF) program, when determining the need for a TANF supplement for a TANF-PLS individual, the income is treated as follows:

(A) It is excluded in determining the countable income limit and in calculating the benefit equivalency standards.

(B) It is counted in calculating the wage supplement.

(c) For Medicare Savings Programs (see OAR 461-001-0000) and Oregon Supplemental Income Program Medical (OSIPM), JOBS Plus wages received after the individual's last month of work under a TANF-PLS JOBS Plus agreement are counted.

(d) In all programs not covered under subsections (a) to (c) of this section, TANF-PLS income is counted as earned income.

(e) In all programs, wages received under the Tribal TANF JOBS programs are counted as earned income.

(3) Temporary Assistance for Needy Families Youth Employment Program (TANF YEP) income is treated as follows:

(a) In all programs except SNAP, the income is excluded.

(b) In the SNAP program, unless excluded under section (8) of this rule, the income is treated as earned income.

(4) Welfare-to-Work work experience income is treated as follows:

(a) In the Refugee Assistance (REF), Refugee Assistance Medical (REFM), and TANF programs, the income is earned income, and the first $260 is excluded each month.

(b) In the SNAP program, the income is earned income.

(5) For Medicare Savings Programs and OSIPM, documented net losses from a self-employment business (see OAR 461-150-0095) are excluded from any other source of earned income of the financial group (see OAR 461-110-0530). This does not include dividends or profits (see OAR 461-145-0089).

(6) In the REF and REFM programs:

(a) Income remaining after the month of receipt is a resource.

(b) Earned in-kind income is excluded (see OAR 461-145-0280 and 461-145-0470).

(7) In the TANF program:

(a) Earned income of the following children is excluded:

(A) Dependent children under the age of 19 years, and minor parents under the age of 18 years, who are full-time students in grade 12 or below (or the equivalent level of vocational training, in GED courses), or in home schooling approved by the local school district.

(B) Dependent children under the age of 18 years who are attending school part-time (as defined by the institution) and are not employed full-time.

(b) Income remaining after the month of receipt is a resource.

(8) In the SNAP program:

(a) If a cafeteria plan (see OAR 461-001-0000) benefit that the employee may not elect to receive as a cash payment is designated and used to pay for child care, medical care, or health insurance, the benefit is excluded unless it is reimbursed by the Department. If reimbursed, the Department counts it as earned income.

(b) The following types of income are excluded:

(A) The earned income of an individual under the age of 18 years who is under the parental control of another member of the household and is:

(i) Attending elementary or high school;

(ii) Attending GED classes recognized by the local school district;

(iii) Completing home-school elementary or high school classes recognized by the local school district; or

(iv) Too young to attend elementary school.

(B) Earned in-kind income, except as provided in section (9) of this rule.

(C) Deductions from base pay for future educational costs under Pub. L. No. 99-576, 100 Stat. 3248 (1986), for an individual on active military duty.

(D) Income remaining after the month of receipt is a resource.

(9) In the SNAP program, earned in-kind income (see OAR 461-145-0280) is excluded unless it is one of the following:

(a) An expenditure by a business entity that benefits a principal (see OAR 461-145-0088).

(b) A credit card company gift card, such as Mastercard or Visa, which is received regularly and can be reasonably anticipated. This does not include specific gift cards, such as those from a retailer or restaurant.

(10) In all programs, the income of a temporary employee of the U.S. Census Bureau employed to assist in taking the census is excluded.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.083, 411.404, 411.706, 411.816, 411.892, 412.014, 412.049, 413.085 & 414.619
Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 411.083, 411.404, 411.706, 411.816, 411.892, 412.014, 412.049, 413.085, 414.619 & 414.117
SSP 31-2026, amend filed 07/06/2026, effective 07/06/2026
SSP 47-2023, amend filed 09/25/2023, effective 10/01/2023
SSP 17-2023, amend filed 06/14/2023, effective 07/01/2023
SSP 44-2020, amend filed 12/22/2020, effective 01/01/2021
SSP 23-2019, amend filed 10/21/2019, effective 10/22/2019
SSP 22-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 11-2018, amend filed 03/09/2018, effective 04/01/2018
SSP 25-2015, f. 9-29-15, cert. ef. 10-1-15
SSP 11-2015, f. 3-13-15, cert. ef. 4-1-15
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 35-2011, f. 12-27-11, cert. ef. 1-1-12
SSP 32-2010, f. & cert. ef. 10-1-10
SSP 14-2010(Temp), f. & cert. ef. 5-19-10 thru 11-15-10
SSP 5-2010, f. & cert. ef. 4-1-10
SSP 39-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
SSP 31-2009(Temp), f. & cert. ef. 10-1-09 thru 3-30-10
SSP 23-2008, f. & cert. ef. 10-1-08
SSP 10-2007, f. & cert. ef. 10-1-07
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05
SSP 23-2003, f. & cert. ef. 10-1-03
SSP 7-2003, f. & cert. ef. 4-1-03
AFS 22-2001, f. & cert. ef. 10-1-01
AFS 17-2001(Temp), f. 8-31-01, cert. ef. 9-1-01 thru 9-30-01
AFS 12-2001, f. 6-29-01, cert. ef. 7-1-01
AFS 17-2000, f. 6-28-00, cert. ef. 7-1-00
AFS 7-2000(Temp), f. 3-10-00, cert. ef. 3-10-00 thru 9-1-00
AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00
AFS 11-1999, f. & cert. ef. 10-1-99
AFS 10-1998, f. 6-29-98, cert. ef. 7-1-98
AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97
AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97
AFS 32-1996(Temp), f. & cert. ef. 9-23-96
AFS 27-1996, f. 6-27-96, cert. ef. 7-1-96
AFS 17-1996, f. 4-29-96, cert. ef. 5-1-96
AFS 22-1995, f. 9-20-95, cert. ef. 10-1-95
AFS 13-1995, f. 6-29-95, cert. ef. 7-1-95
AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94
AFS 19-1994, f. & cert. ef. 9-1-94
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 1-1993, f. & cert. ef. 2-1-93
AFS 28-1992, f. & cert. ef. 10-1-92
AFS 17-1992, f. & cert. ef. 7-1-92
AFS 8-1992, f. & cert. ef. 4-1-92
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 9-1990, f. & cert. ef. 3-2-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0140 Earned Income Tax Credit (EITC) and Child Tax Credit

(1) There are federal and state earned income tax credit (EITC) programs for low-income families.

(a) An EITC may be claimed in one of two ways:

(A) At the time an income tax return is filed with the Internal Revenue Service (IRS).

(B) As an advance in the employee's paycheck.

(b) The EITC is excluded from assets (see OAR 461-001-0000) in the month of receipt and then for a maximum of 12 calendar months starting with the month following the month of receipt of the refund or payment. All funds remaining after the 12-month period are counted as a resource.

(2) The Child Tax Credit is determined and administered by the IRS.

(a) A Child Tax Credit may be claimed in one of two ways:

(A) At the time an income tax return is filed with the IRS.

(B) As monthly advance Child Tax Credit payments from the IRS.

(b) The Child Tax Credit is excluded from assets in the month of receipt and then for a maximum of 12 calendar months starting with the month following the month of receipt of the refund or payment. All funds remaining after the 12-month period are counted as a resource.

History

Statutory/Other Authority: ORS 329A.500, 409.050, 411.060, 411.404, 411.706, 411.816, 412.049, 413.085, 414.231 & 414.685
Statutes/Other Implemented: ORS 329A.500, 4090.010, 411.060, 411.083, 411.404, 411.706, 411.816, 412.049 & 414.231
SSP 4-2022, amend filed 01/27/2022, effective 02/18/2022
SSP 1-2022, temporary amend filed 01/01/2022, effective 01/01/2022 through 06/29/2022
SSP 35-2021, temporary amend filed 06/29/2021, effective 07/05/2021 through 12/31/2021
SSP 23-2017, f. 9-11-17, cert. ef. 10-1-17
SSP 44-2016, f. 12-7-16, cert. ef. 1-1-17
SSP 17-2011, f. & cert. ef. 7-1-11
SSP 42-2010(Temp), f. 12-30-10, cert. ef. 1-1-11 thru 6-30-11
SSP 32-2010, f. & cert. ef. 10-1-10
SSP 11-2010(Temp), f. & cert. ef. 4-22-10 thru 10-19-10
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
AFS 10-2002, f. & cert. ef. 7-1-02
AFS 25-1998, f. 12-28-98, cert. ef. 1-1-99
AFS 10-1998, f. 6-29-98, cert. ef. 7-1-98
AFS 29-1994, f. 12-29-94, cert. ef. 1-1-95
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 6-1991(Temp), f. & cert. ef. 2-8-91
AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0143 Economic Recovery Payment

The $250 economic recovery payment authorized by the American Recovery and Reinvestment Act of 2009 is excluded income in the month of receipt and an excluded resource in the month of receipt and for the following nine months.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.083, 411.404, 411.704, 411.706, 411.816, 412.049, 414.025, 414.826 & 414.831
Statutes/Other Implemented: ORS 411.060, 411.070, 411.083, 411.404, 411.704, 411.706, 411.816, 412.049, 414.025, 414.826 & 414.831
Reverted to SSP 32-2010, f. & cert. ef. 10-1-10
Suspended by SSP 42-2010(Temp), f. 12-30-10, cert. ef. 1-1-11 thru 6-30-11
SSP 32-2010, f. & cert. ef. 10-1-10
SSP 18-2010, f. & cert. ef. 7-1-10
SSP 20-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10
SSP 39-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
SSP 25-2009(Temp), f. & cert. ef. 9-1-09 thru 2-28-10
SSP 24-2009, f. & cert. ef. 8-31-09
SSP 3-2009(Temp), f. & cert. ef. 3-3-09 thru 8-30-09

Or. Admin. R. 461-145-0145 Educational Account

(1) The Individual Education Account (IEA) is an asset accrued by JOBS Plus participants. The IEA is excluded while it accumulates, while it is saved, and when it is withdrawn for educational purposes.

(2) For purposes of this rule, “educational expenses” are tuition, fees, and other necessary expenses for education at any educational institution. Examples of other necessary expenses for education include books, laboratory fees, student activity fees, transportation, stationery supplies, technology fees, and impairment-related expenses necessary to attend school or perform schoolwork (such as special prosthetic devices necessary to operate school machines or equipment). “Educational expenses” do not include the cost of shelter.

(3) In the Oregon Supplemental Income Program Medical (OSIPM) and Qualified Disabled and Working Individual (QDWI) programs:

(a) Funds in a Qualified Tuition Programs under Section 529 of the Internal Revenue Code are treated as follows:

(A) They are a countable (see OAR 461-001-0000) resource to the individual who owns the account.

(B) They are excluded as a resource for the beneficiary, unless the beneficiary is also the owner.

(b) Funds in a Coverdell Education Savings Accounts are treated as follows:

(A) They are excluded as a resource to the designated beneficiary.

(B) If the contributor is not a designated beneficiary, funds deposited into the account are no longer the resource of the contributor beginning with the month after the month the cash is transferred. The transfer may be considered a disqualifying transfer of resources by the contributor under OAR 461-140-0210 and 461-140-0220.

(A) Educational expenses (see section (2) of this rule) are excluded as income in the month of receipt.

(B) If the excluded distribution is retained into the month following the month of receipt, it is excluded as a resource for nine months beginning with the month after the month of receipt.

(C) If the beneficiary spends any portion of a distribution for a purpose other than the educational expenses of the beneficiary, or no longer intends to use the funds for the educational expenses of the beneficiary, the non-education portion of the funds is countable as unearned income at the earlier of the following:

(i) The month the funds are spent.

(ii) The month the beneficiary no longer intends to use the funds for educational expenses .

(D) If a countable distribution is retained into the month following the month of receipt, it is a countable resource of the designated beneficiary. See OAR 461-145-0150 for information on other types of educational income.

(d) Gifts that are set aside to pay educational expenses are treated in accordance with subsection (c) of this section, except that the exclusion does not apply to any portion set aside or actually used for food or shelter. See OAR 461-145-0150 for information on other types of educational income.

(4) In the Qualified Medicare Beneficiary (QMB), Qualifying Individuals (QI), and Specified Low-Income Medicare Beneficiary (SLMB) programs:

(a) Funds held in a Qualified Tuition Program under Section 529 of the Internal Revenue Code or a Coverdell Education Savings Accounts are excluded as a resource.

(b) Distributions from a Coverdell Education Savings Account to a designated beneficiary are treated as follows:

(A) They are excluded as income in the month of receipt.

(B) If the excluded distribution is retained following the month of receipt, it is excluded as a resource.

(C) If the beneficiary spends any portion of a distribution for a purpose other than the educational expenses of the beneficiary, or no longer intends to use the funds for the educational expenses of the beneficiary, the non-education portion of the distribution is countable as unearned income at the earlier of the following:

(i) The month the funds are spent.

(ii) The month the beneficiary no longer intends to use the funds for educational expenses.

(5) In the Supplemental Nutrition Assistance Program (SNAP), the value of funds in a qualified tuition program under section 529 of the Internal Revenue Code or in a Coverdell education savings account is excluded.

History

Statutory/Other Authority: ORS 329A.500, 409.050, 411.060, 411.404, 411.816, 413.085, 414.025 & 414.685
Statutes/Other Implemented: ORS 329A.500, 409.010, 411.060, 411.404, 411.816, 413.085, 414.025 & 414.685
SSP 31-2026, amend filed 07/06/2026, effective 07/06/2026
SSP 28-2018, amend filed 09/06/2018, effective 10/01/2018
SSP 22-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 14-2017, f. 6-5-17, cert. ef. 7-1-17
Renumbered from 461-145-0265, SSP 23-2008, f. & cert. ef. 10-1-08
AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94

Or. Admin. R. 461-145-0150 Educational Income

(1) Educational income is income designated specifically for educational expenses. To be considered educational income, the income must be received by one of the following:

(a) A student at a recognized institution of post-secondary education. Post-secondary education is education offered primarily to individuals 18 years of age or older. Admission may — but does not necessarily — require a high school diploma or equivalent.

(b) A student at a school for individuals with disabilities.

(d) A student in a program that provides for completion of requirements for a secondary school diploma or the equivalent.

(2) To determine the amount of educational income to exclude, education expenses listed in the financial aid award letter are used unless one of the following is true:

(a) The student provides verification of amounts different from those listed in the award letter, in which case the verified amounts from the student are used.

(b) The student receives child care benefits through the Employment Related Day Care (ERDC) program under the Department of Early Learning and Care (DELC) or other child care subsidies. The amount the student actually pays for child care (including the ERDC copay) is excluded as educational income instead of the amount shown in the award letter.

(c) The student states that actual transportation costs exceed the amount allowed for the expense in the award letter. In that situation, the number of miles to and from school is multiplied by $0.20. The product or the amount from the award letter, whichever is greater, is excluded.

(3) The following items are excluded:

(a) Educational income authorized by the Carl D. Perkins Vocational and Applied Technology Education Act or Title IV of the Higher Education Act or made available by the Bureau of Indian Affairs (BIA).

(b) All income from educational loans.

(c) For Medicare Savings Programs (see OAR 461-001-0000) and Oregon Supplemental Income Program Medical (OSIPM), the augmented portion of a shelter stipend from the Department of Veterans Affairs designated for the individual’s dependent.

(4) Except as provided in section (5) of this rule, the cost of the following items from remaining educational funds (including non‑Title IV work study, externship (see OAR 461-001-0015), graduate assistantship (see OAR 461-001-0015), graduate fellowship (see OAR 461-001-0015) wages, and internship (see OAR 461-001-0015)) is excluded: dependent care, tuition, mandatory fees, books and supplies, transportation, required rental or purchase of equipment or materials charged to students enrolled in a specific curriculum, other miscellaneous personal expenses (except room and board), and loan originator fees and insurance premiums required to obtain an educational loan.

(5) For a participant in the Parents as Scholars (PAS) component of the JOBS program who has been approved for PAS pursuant to OAR 461-190-0199, all remaining educational funds, including those funds intended for room and board, are excluded.

(6) In all programs covered by chapter 461 of the Oregon Administrative Rules, after allowing exclusions, the remaining income is treated as follows:

(a) Income received through work study (including work study provided through a Veterans Affairs (VA) program or other educational program), fellowships and teaching-assistant positions not excluded by section (3) or (4) of this rule is earned income.

(b) Educational income not covered by subsection (a) of this section is prorated over the period it is intended to cover. If the individual has already received the income, the prorated amount is counted monthly beginning with the first month of the period. If the individual has not received the income at the time the determination is made, the prorated income is counted starting in the month the individual expects to receive it.

(7) Educational awards paid under the National and Community Service Trust Act of 1993 (including AmeriCorps) are treated in accordance with OAR 461-145-0365.

(8) For Medicare Savings Programs and OSIPM, distributions from a Coverdell Education Savings account and gifts used for education purposes are treated in accordance with OAR 461-145-0145.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.083, 411.404, 411.706, 411.816, 412.014, 412.049, 413.085 & 414.619
Statutes/Other Implemented: 411.060, 411.083, 411.404, 411.706, 411.816, 412.014, 412.049, 413.085, 414.619, ORS 409.010, 411.620, 411.630, 411.635, 411.640, 411.660, 411.690 & 411.825
SSP 31-2026, amend filed 07/06/2026, effective 07/06/2026
SSP 17-2023, amend filed 06/14/2023, effective 07/01/2023
SSP 22-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 14-2017, f. 6-5-17, cert. ef. 7-1-17
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 5-2010, f. & cert. ef. 4-1-10
SSP 23-2008, f. & cert. ef. 10-1-08
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06
SSP 6-2004, f. & cert. ef. 4-1-04
SSP 29-2003(Temp), f. 10-31-03, cert. ef. 11-1-03 thru 3-31-04
AFS 10-2002, f. & cert. ef. 7-1-02
AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97
AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 16-1993, f. & cert. ef. 9-1-93
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 28-1992, f. & cert. ef. 10-1-92
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 8-1992, f. & cert. ef. 4-1-92
AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0170 Energy Assistance Payments

(1) Except in the Supplemental Nutrition Assistance Program (SNAP), all energy assistance payments or allowances made under any federal, state, or local law are excluded as income and as a resource.

(2) In the SNAP program an energy assistance payment (see OAR 461-001-0015) or weatherization assistance payment (see OAR 461-001-0015) provided under state law is treated as follows:

(a) Excluded as income and a resource when the filing group (see OAR 461-110-0370) includes an individual who meets the SNAP definition of disabled (see OAR 461-001-0015) or elderly (see OAR 461-001-0015).

(b) When the filing group does not include an individual who meets the SNAP definition of disabled or elderly :

(A) A one-time payment or other payment that is lump sum income (see 461-001-0000) is treated in accordance with OAR 461-140-0120.

(B) Ongoing payments are countable as unearned income.

(3) In the SNAP program an energy assistance payment or weatherization assistance payment provided under federal law is excluded as income and a resource.

(4) SNAP eligibility provisions in sections (2) and (3) of this rule implement section 10103 of Pub. L. 119-21, 139 Stat. 72 (2025), and are applied to existing SNAP cases as follows:

(a) For a benefit group whose SNAP eligibility is based on an application with a filing date (see OAR 461-115-0040) of July 4, 2025, or after, the Department shall redetermine SNAP eligibility to apply the provisions of this rule.

(5) See former OAR 461-135-0665 for SNAP eligibility provisions and effective dates that implement section 10103 of Pub. L. 119-21, 139 Stat. 72 (2025) in this rule for the time period October 1, 2025, through March 18, 2026.

History

Statutory/Other Authority: ORS 412.014, 412.049, 413.085, 414.685, ORS 329A.500, 409.050, 411.060, 411.404 & 411.816
Statutes/Other Implemented: ORS 412.014, 412.049, 7 CFR 273.9, ORS 329A.500, 409.010, 411.060, 411.404 & 411.816
SSP 29-2026, amend filed 06/29/2026, effective 07/01/2026
SSP 21-2026, temporary amend filed 03/19/2026, effective 03/19/2026 through 09/14/2026
SSP 35-2018, amend filed 12/04/2018, effective 01/01/2019
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
AFS 10-2002, f. & cert. ef. 7-1-02
AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97
AFS 32-1996(Temp), f. & cert. ef. 9-23-96
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0175 Family Abuse Prevention Act (FAPA) Payments

(1) Family Abuse Prevention Act (FAPA) payments are court-ordered payments to victims of domestic violence made under authority of ORS 107.718(1)(h). A payment is considered available when actually received by the victim of abuse.

(2) For all programs covered by this chapter of rules, the first $2,500 is excluded. The excess above $2,500 is counted as a resource.

History

Statutory/Other Authority: ORS 411.060, 411.816 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.816 & 412.049
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
AFS 27-2001, f. 12-21-01, cert. ef. 1-1-02

Or. Admin. R. 461-145-0184 Filipino Veterans Equity Compensation Fund

The Department excludes from income a payment received by a veteran or the spouse of a veteran who served in the military of the Government of the Commonwealth of the Philippines during World War II and made under the Filipino Veterans Equity Compensation Fund authorized by the American Recovery and Reinvestment Act of 2009.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.083, 411.404, 411.816, 412.014 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.070, 411.083, 411.404, 411.816, 412.014 & 412.049
SSP 5-2010, f. & cert. ef. 4-1-10

Or. Admin. R. 461-145-0185 Floating Homes and Houseboats

(1) Floating homes and houseboats are treated in the same manner as real property under OAR 461-145-0420.

(2) Floating homes and houseboats are subject to OAR 461-145-0220 and 461-145-0250 if applicable.

History

Statutory/Other Authority: ORS 411.060, 411.816 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.816 & 412.049
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07

Or. Admin. R. 461-145-0190 Food Programs Other Than the SNAP program

(1) In all programs, the following benefits are excluded:

(a) Benefits from the Special Supplemental Food Program for Women, Infants and Children (WIC), including demonstration projects (coupons exchanged for food at farmers markets) under the Hunger Prevention Act of 1988 (Pub. L. 100-435, section 501).

(b) The value of supplemental food assistance provided to children under the Child Nutrition Act of 1966 (Pub. L. 89-642) and the National School Lunch Act (Pub. L. 79-396, section 12(e), and Pub. L. 94-105).

(c) Nutrition Assistance program benefits received in Puerto Rico, American Samoa or the Commonwealth of the Northern Marianna Islands.

(d) The value of supplemental food assistance provided for seniors in the Senior Farm Direct Nutrition Program (see OAR 333-052-0030) funded by grants from the United States Department of Agriculture.

(2) In all programs except SNAP, benefits from the tribal Food Distribution Program are excluded. In the SNAP program, these benefits are subject to OAR 461-165-0030.

History

Statutory/Other Authority: ORS 411.060, 411.816 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.816 & 412.049
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06
SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06
SSP 8-2004, f. & cert. ef. 4-1-04
AFS 10-2002, f. & cert. ef. 7-1-02
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0200 Foster Care Payments and Guardianship Assistance Benefits

Payments for foster care and benefits from the Guardianship Assistance program (see OAR 413-070-0000) are treated as follows:

(1) In all programs except the REF, REFM, SNAP, and TANF programs:

(a) If the provider of foster care or the guardian is in the financial group (see OAR 461-110-0530), the payments or benefits are treated as earned income except that it is excluded in the following situations:

(A) The amount the placement agency identifies as being for room and board, clothing, or personal incidental needs (including recreational expenses) of the individual in foster care is excluded.

(B) The amount designated for special need items of the individual in foster care is excluded.

(b) If the provider of foster care or the guardian is not in the financial group , the payments or benefits are excluded.

(2) In the SNAP program:

(a) The payments or benefits are counted as unearned income only if the person in foster care or under guardianship is in the filing group (see OAR 461-110-0370). The payments or benefits are excluded if the person in foster care or under guardianship is in the household group (see OAR 461-110-0210) but not in the filing group .

(b) The payments or benefits are counted as self-employment income if the provider of foster care and the person receiving the care or the guardian and the person under guardianship are not in the same household group .

(3) In the REF, REFM, and TANF programs:

(a) For adult foster care, if the provider or the guardian is in the financial group , the payments or benefits are treated as earned income except that they are excluded in the following situations:

(A) The amount the placement agency identifies as being for room and board, clothing, or personal incidental needs (including recreational expenses) of the individual in foster care is excluded.

(B) The amount designated for special items of the individual in foster care is excluded.

(b) For adult foster care, if the provider or the guardian is not in the financial group, the payments or benefits are excluded.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.050, 411.060, 411.070, 411.404, 411.816, 412.014 & 412.049
SSP 17-2023, amend filed 06/14/2023, effective 07/01/2023
SSP 40-2021, minor correction filed 07/06/2021, effective 07/06/2021
SSP 10-2018, amend filed 03/07/2018, effective 04/01/2018
SSP 22-2017, f. 9-8-17 & cert. ef. 10-1-17
SSP 17-2015, f. & cert. ef. 6-30-15
SSP 2-2015(Temp), f. & cert. ef. 1-1-15 thru 6-29-15
SSP 17-2004, f. & cert. ef. 7-1-04
AFS 1-1993, f. & cert. ef. 2-1-93
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90
AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0210 Gifts and Winnings

(1) For the purposes of this rule:

(a) “Gifts” are items given to or received by an individual on or for a special occasion, such as a holiday, birthday, graduation, or wedding. “Gifts” are not given or received on a regular basis.

(b) “ Winnings”are prizes given to an individual in a contest, game of chance, or similar event. “Winnings” in the form of money may be distributed in different payment frequencies, such as monthly, periodically (such as quarterly), or in a single payment.

(2) In all programs, gambling losses are not subtracted from gambling winnings (see section (1) of this rule) in determining the individual’s countable (see OAR 461-001-0000) income.

(3) In the OSIP, OSIPM, and QMB programs, except as provided otherwise in section (6) of this rule:

(a) In-kind gifts and winnings are treated according to the rule applicable to the specific type of asset, except for, if an individual is offered a choice between an in-kind item and cash, the cash amount is considered unearned income, even if the individual chooses the in-kind item and regardless of the value, if any, of the in-kind item.

(b) The value of gifts and winnings in the form of cash are treated in accordance with the rule applicable to the payment frequency: stable income under OAR 461-150-0070, variable income under OAR 461-150-0080, periodic income under OAR 461-140-0110, or lump-sum income under OAR 461-140-0120.

(c) The value of a gift card or certificate is considered income in the month it is received if the gift card or certificate can be used to purchase food or shelter or can be resold. There is a rebuttable presumption that the gift card can be resold.

(d) Monetary gifts given for educational purposes are treated in accordance with OAR 461-145-0145.

(4) In the SNAP program, except as provided otherwise in section (6) of this rule,

(a) A filing group immediately loses SNAP benefit eligibility due to lottery or gambling winnings when provisions of section (1) of OAR 461-140-0263 are met.

(b) In-kind gifts and winnings are treated according to the rule applicable to the specific type of asset.

(c) Gifts and winnings , except cash prizes from lottery or gambling subject to section (1) of OAR 461-140-0263, in the form of money or credit card company gift cards are treated in accordance with the rule applicable to the payment frequency: stable income under OAR 461-150-0070, variable income under OAR 461-150-0080, periodic income under OAR 461-140-0110, or lump-sum income under OAR 461-140-0120.

(d) Establishment-specific gift cards are excluded from assets (see OAR 461-001-0000).

(5) In all programs except the OSIP, OSIPM, QMB, and SNAP programs and except as provided otherwise in section (6) of this rule:

(a) In-kind gifts and winnings are treated according to the rule applicable to the specific type of asset.

(b) Gifts and winnings in the form of money or credit card company gift cards are treated in accordance with the rule applicable to the payment frequency: stable income under OAR 461-150-0070, variable income under OAR 461-150-0080, periodic income under OAR 461-140-0110, or lump-sum income under OAR 461-140-0120.

(6) For employment-related gifts or winnings , see OAR 461-145-0130.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.706, 411.816, 412.014, 412.049, 413.085 & 414.619
Statutes/Other Implemented: 411.060, 411.070, 411.404, 411.706, 411.816, 412.014, 412.049, ORS 409.010 & 411.083
SSP 23-2026, minor correction filed 05/04/2026, effective 05/04/2026
SSP 17-2023, amend filed 06/14/2023, effective 07/01/2023
SSP 4-2022, amend filed 01/27/2022, effective 02/18/2022
SSP 1-2022, temporary amend filed 01/01/2022, effective 01/01/2022 through 06/29/2022
SSP 41-2021, temporary amend filed 07/12/2021, effective 07/12/2021 through 12/31/2021
SSP 35-2021, temporary amend filed 06/29/2021, effective 07/05/2021 through 12/31/2021
SSP 15-2019, amend filed 06/11/2019, effective 07/01/2019
SSP 22-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 14-2017, f. 6-5-17, cert. ef. 7-1-17
SSP 10-2007, f. & cert. ef. 10-1-07
AFS 9-1997, f. & cert. ef. 7-1-97
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0220 Home

(1) Home defined: A home is the place where the filing group (see OAR 461-110-0310) lives. A home may be a house, boat, trailer, mobile home, or other habitation. A home also includes the following:

(a) Land on which the home is built and contiguous property.

(A) In all programs except Oregon Supplemental Income Program Medical (OSIPM), Qualified Disabled and Working Individual (QDWI), and the Supplemental Nutrition Assistance Program (SNAP), property must meet all the following criteria to be considered contiguous property:

(i) It must not be separated from the land on which the home is built by land owned by people outside the financial group (see OAR 461-110-0530).

(ii) It must not be separated by a public right-of-way, such as a road.

(iii) It must be property that cannot be sold separately from the home.

(B) In the OSIPM, QDWI, and SNAP programs, contiguous property is property not separated from the land on which the home is built by land owned by people outside the financial group .

(b) Other dwellings on the land surrounding the home that cannot be sold separately from the home.

(2) Exclusion of home and other property:

(a) For an individual who has an initial month (see OAR 461-001-0000) of long-term care (see OAR 461-001-0000), home and community-based care (see OAR 461-001-0030), or who is being evaluated for OSIPM in an acute care setting under OAR 461-135-0745 on or after January 1, 2006:

(A) For purposes of this subsection, "child" means a biological or adoptive child who is:

(i) Under age 21; or

(ii) Any age and meets the Social Security Administration criteria for blindness or disability.

(B) The equity value (see OAR 461-001-0000) of a home is excluded if the requirements of at least one of the following subparagraphs are met:

(i) The child (see paragraph (A) of this subsection) of the individual or relative dependent on the individual for support occupies the home.

(ii) The spouse (see OAR 461-001-0000) of the individual occupies the home.

(iii) The equity in the home is $752,000 or less, and the requirements of at least one of the following sub-subparagraphs are met:

(I) The individual occupies the home.

(II) The home equity is excluded under OAR 461-145-0252.

(III) The home is listed for sale per OAR 461-145-0420.

(iv) Notwithstanding OAR 461-120-0330, the equity in the home is more than $752,000 and the individual is unable legally to convert the equity value in the home to cash.

(b) For all other filing groups, the value of a home is excluded when the home is occupied by any member of the filing group.

(c) In the SNAP program, the value of land is excluded while the group is building or planning to build their home on it, except that if the group owns (or is buying) the home they live in and has separate land they intend to build on, only the home in which they live is excluded, and the land they intend to build on is treated as real property in accordance with OAR 461-145-0420.

(3) Exclusion during temporary absence: The value of a home is excluded in each of the following situations:

(a) For the purposes of this section, “evidence” includes a written statement from a competent individual.

(b) In all programs except the OSIPM, and QDWI programs, during the temporary absence of all members of the filing group from the property, if the absence is due to illness or uninhabitability (from casualty or natural disaster), and the filing group intends to return home.

(A) To receive assistance with activities of daily living (see OAR 411-015-0005) under one of the following conditions:

(i) The absent individual has expressed either orally or in writing their subjective intent to return home. Subjective intent means that they intend to return home regardless of their medical condition or any opinion offered by a third party about their ability to do so.

(ii) The home remains occupied by the individual's spouse , child, or a relative dependent on the individual for support. The child must be less than 21 years of age or, if over the age of 21, blind or an individual with a disability as defined by Social Security Administration (SSA) criteria.

(B) Due to illness, employment or training for future employment, seasonal employment, or uninhabitability; and both of the following conditions are met:

(i) The absent individual has provided evidence that the absent individual will return home, and

(ii) The evidence reflects the subjective intent of the individual, regardless of the individual’s medical condition.

(d) In the Refugee Assistance (REF), Refugee Assistance Medical (REFM), and Temporary Assistance for Needy Families (TANF) programs, when all members of the filing group are absent because:

(A) The members are employed in seasonal employment and intend to return to the home when the employment ends; or

(B) The members are searching for employment, and the search requires the members to relocate away from their home. If all members of the filing group are absent for this reason, the home may be excluded for up to six months from the date the last member of the filing group leaves the home to search for employment. After the six months, if a member of the filing group does not return, the home is no longer excluded.

(e) In the SNAP program, when the financial group is absent because of employment or training for future employment.

History

Statutory/Other Authority: ORS 409.050, 410.070, 411.060, 411.070, 411.404, 411.816, 412.049, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.010, 409.050, 410.010, 410.020, 410.070, 410.080, 411.060, 411.070, 411.404, 411.816, 412.049, 413.085, 414.685 & 414.839
SSP 29-2025, amend filed 12/29/2025, effective 01/01/2026
SSP 61-2024, amend filed 12/30/2024, effective 01/01/2025
SSP 41-2024, amend filed 06/20/2024, effective 07/01/2024
SSP 52-2023, amend filed 12/18/2023, effective 01/01/2024
SSP 58-2022, amend filed 12/22/2022, effective 01/01/2023
SSP 5-2022, amend filed 02/02/2022, effective 02/02/2022
SSP 77-2021, temporary amend filed 12/20/2021, effective 01/01/2022 through 06/29/2022
SSP 45-2020, amend filed 12/22/2020, effective 01/01/2021
SSP 21-2020, amend filed 07/08/2020, effective 07/08/2020
SSP 26-2019, amend filed 12/27/2019, effective 01/01/2020
SSP 34-2018, amend filed 12/04/2018, effective 01/01/2019
SSP 33-2017, amend filed 12/08/2017, effective 01/01/2018
SSP 44-2016, f. 12-7-16, cert. ef. 1-1-17
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 35-2015, f. 12-23-15, cert. ef. 1-1-16
SSP 4-2015, f. & cert. ef. 1-1-15
SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 8-2013, f. & cert. ef. 4-1-13
SSP 39-2012(Temp), f. 12-28-12, cert. ef. 1-1-13 thru 6-30-13
SSP 35-2011, f. 12-27-11, cert. ef. 1-1-12
SSP 17-2011, f. & cert. ef. 7-1-11
SSP 42-2010(Temp), f. 12-30-10, cert. ef. 1-1-11 thru 6-30-11
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
SSP 14-2007, f. 12-31-07, cert. ef. 1-1-08
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06
AFS 5-2002, f. & cert. ef. 4-1-02
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0230 Housing and Urban Development

(1) Payments from Housing and Urban Development (HUD) made to a third party on behalf of the individual are treated as follows:

(a) In the REF, REFM, and TANF programs, the payment is used to determine shelter-in-kind income.

(b) In the EA, OSIP, OSIPM, QMB, and SNAP programs, the payments are excluded.

(2) HUD payments made directly to a member of the financial group, except Youthbuild Program payments and Family Investment Centers payments, are treated as follows:

(a) In the REF, REFM, and TANF programs, the payment is used to determine shelter-in-kind income. If the payments are made in a lump sum, the lump sum is unearned income.

(b) In the EA program, the payment is unearned income.

(d) In the SNAP program, payments for utilities are excluded. Other payments are unearned income.

(3) Escrow accounts established for families participating in the Family Self-Sufficiency (FSS) program sponsored by HUD are excluded.

(4) Payments related to family investment centers issued under the Cranston-Gonzalez National Affordable Housing Act, Pub. L. No. 101-625, sec. 515, 104 Stat. 4196 (1990), are treated as follows:

(a) Wages are earned income, and stipends are unearned income.

(b) Service payments for items such as child care, basic education, literacy, or computer skills training are excluded.

History

Statutory/Other Authority: 409.050, 411.060, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.619
Statutes/Other Implemented: ORS 409.010, 411.060, 411.404, 411.816, 412.014 & 412.049
SSP 17-2023, amend filed 06/14/2023, effective 07/01/2023
SSP 21-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 17-2004, f. & cert. ef. 7-1-04
AFS 9-2001, f. & cert. ef. 6-1-01
AFS 24-1997, f. 12-31-97, cert. ef. 1-1-98
AFS 34-1996, f. 9-26-96, cert. ef. 10-1-96
AFS 16-1996, f. 4-29-96, cert. ef. 5-1-96
AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 28-1992, f. & cert. ef. 10-1-92
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0240 Income-Producing Sales Contract

(1) The equity value (see OAR 461-001-0000) of an income-producing sales contract is treated as follows:

(a) In the OSIPM and QMB-DW programs:

(A) Except for a contract resulting from the sale of a home, that is treated in accordance with paragraph (B) of this subsection, it is a countable (see OAR 461-001-0000) resource valued at the outstanding principal balance of the contract unless the individual provides convincing evidence of a lower cash value or there is a legal bar to the sale of the contract. If there is a legal bar to the sale of the contract, the equity value of the contract is a transfer of assets (OAR 461-140-0210 to 461-140-0300 regulate the effect of a transfer of assets on a client) for less than fair market value (see OAR 461-001-0000).

(B) The equity value of a contract resulting from the sale of a home is excluded if the entire principal portion of the payments received from the contract is used to purchase another home within three calendar months of receipt of the payments. Otherwise the equity value is treated in accordance with paragraph (A) of this subsection.

(b) Except as provided for in subparagraph (a) of this section, it is excluded.

(2) In all programs, income received from a sales contract is treated as provided in OAR 461-145-0460.

History

Statutory/Other Authority: ORS 409.050, 410.070, 411.060, 411.070, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.010, 409.050, 410.070, 411.060, 411.070, 411.404, 411.816, 412.014, 412.049, 413.085, 414.685 & 414.839
SSP 14-2017, f. 6-5-17, cert. ef. 7-1-17
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 35-2015, f. 12-23-15, cert. ef. 1-1-16
SSP 30-2012, f. 9-28-12, cert. ef. 10-1-12
SSP 10-2007, f. & cert. ef. 10-1-07
SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05
SSP 17-2004, f. & cert. ef. 7-1-04
AFS 10-2002, f. & cert. ef. 7-1-02
AFS 9-1997, f. & cert. ef. 7-1-97
AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0250 Income-Producing Property; Not OSIPM or QMB

(1) In all programs except the REF, REFM, and TANF programs, income from income producing property (see OAR 461-001-0000) is counted as follows:

(a) If a member of the financial group (see OAR 461-110-0530) actively manages the property 20 hours or more per week, the income is treated in the same manner as self-employment income (see OAR 461-145-0910, 461-145-0920, and 461-145-0930).

(b) If a member of the financial group does not actively manage the property 20 hours or more per week, the income is counted as unearned income with exclusions allowed only in accordance with OAR 461-145-0920. In the SNAP program, if the financial group owns more than one property, the exclusions for one property may not be used to offset income from a different property.

(2) In the REF, REFM, and TANF programs, income from income producing property is treated in the same manner as self-employment income (see OAR 461-145-0910, 461-145-0920, and 461-145-0930)

(3) The equity value (see OAR 461-001-0000) of income-producing property is treated as follows:

(a) In the EA program, it is excluded.

(b) In the SNAP program, it is counted as a resource except to the extent described in each of the following situations:

(A) If the property produces an annual countable (see OAR 461-001-0000) income similar to other properties in the community with comparable market value, the equity value of the property is excluded.

(B) The property is excluded under OAR 461-145-0600.

(D) If selling the resource would produce a net gain to the financial group of less than $1,500, the equity value is excluded.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.083, 411.400, 411.404, 411.816, 412.049, 413.085 & 414.619
Statutes/Other Implemented: ORS 409.050, 411.060, 411.070, 411.083, 411.400, 411.404, 411.816, 412.049, 413.085, 414.619 & ORS 409.010
SSP 17-2023, amend filed 06/14/2023, effective 07/01/2023
SSP 44-2020, amend filed 12/22/2020, effective 01/01/2021
SSP 22-2017, f. 9-8-17 & cert. ef. 10-1-17
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 25-2015, f. 9-29-15, cert. ef. 10-1-15
SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 13-2013, f. & cert. ef. 7-1-13
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06
SSP 17-2004, f. & cert. ef. 7-1-04
AFS 10-2000, f. 3-31-00, cert. ef. 4-1-00
AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97
AFS 19-1994, f. & cert. ef. 9-1-94
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0252 Income-Producing Property; OSIP, OSIPM, and QMB

(1) This rule does not apply to personal or real property used in self-employment. See OAR 461-145-0915 to determine what constitutes self-employment and OAR 461-145-0600 to determine how to treat real or personal property used in self-employment.

(2) Income from income-producing property (see OAR 461-001-0000) is counted as follows:

(a) If a member of the financial group (see OAR 461-110-0530) actively manages the property 20 hours or more per week, the income is treated in the same manner as self-employment income (see OAR 461-145-0915, 461-145-0920, and 461-145-0930).

(b) If a member of the financial group does not actively manage the property 20 hours or more per week, the income is counted as unearned income with exclusions allowed only in accordance with OAR 461-145-0920.

(3) Except for QMB-BAS, QMB-SMB, and QMB-SMF, the equity value (see OAR 461-001-0000) of income-producing property is counted as a resource, subject to the following exceptions:

(a) Except as provided in OAR 461-140-0020.

(b) If the income-producing property, including houses or apartments for rent and land other than the primary residence, produces an annual countable (see OAR 461-001-0000) income of at least six percent of its equity value, the value of the property is excluded up to a maximum of $6,000.

(c) If the annual countable income drops below six percent of the equity value of the income-producing property due to circumstances beyond the client's control, the client has up to 24 months from the end of the tax year in which the earnings dropped below six percent to meet the six percent requirement.

(d) The equity value of government permits representing authority granted by a government agency to engage in income-producing activity is excluded in its entirety.

History

Statutory/Other Authority: ORS 409.050, 410.070, 411.060, 411.070, 411.404, 411.706, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.010, 409.050, 410.070, 411.060, 411.070, 411.404, 411.706, 413.085, 414.685 & 414.839
SSP 35-2015, f. 12-23-15, cert. ef. 1-1-16
SSP 25-2015, f. 9-29-15, cert. ef. 10-1-15

Or. Admin. R. 461-145-0254 Youth Experiencing Homelessness Program; Direct Cash Transfer Payments, Targeted Housing Assistance Program

(1) Youth Experiencing Homelessness Program (YEHP) Direct Cash Transfer (DCT) payments are provided to eligible youth 18 to 24 years of age. The payments help youth who are experiencing homelessness to establish housing stability and support successful independent living.

(2) The Targeted Housing Assistance Program (THAP) is a direct cash program, provided in collaboration with Child Welfare, supporting youth at risk of homelessness between 18 and 24 years of age. A one-time payment is paired with case management and goal setting to stabilize housing and lead to self-sufficiency. The payment is a flexible amount depending on the individualized needs of youth.

(3) In all programs except the Supplemental Nutrition Assistance Program (SNAP), DCT and THAP payments are excluded to determine countable (see OAR 461-001-0000) assets (see OAR 461-001-0000).

(4) In the SNAP program:

(a) DCT payments are countable unearned income.

(b) A THAP payment is treated as lump sum income (see OAR 461-001-0000) under OAR 461-140-0120. This is a countable resource included in the month the lump sum is received.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.706, 411.816, 413.085 & 414.619
Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 411.404, 411.706, 411.816, 413.085, 414.619 & 417.799
SSP 30-2026, amend filed 07/06/2026, effective 07/06/2026
SSP 22-2023, adopt filed 06/26/2023, effective 07/01/2023
SSP 15-2023, temporary adopt filed 04/18/2023, effective 04/18/2023 through 10/03/2023
SSP 14-2023, temporary adopt filed 04/07/2023, effective 04/07/2023 through 10/03/2023

Or. Admin. R. 461-145-0255 Youth Transitions Program Subsidies

(1) Youth Transitions program subsidies are payments and services provided to children 16 to 20 years of age by the Department. The Youth Transitions program (including the Chafee Housing program) is described at OAR 413-030-0400 to 413-030-0460. The subsidies help the children live independently when their foster care payments are discontinued upon reaching 16 years of age.

(2) For all programs except EA and SNAP, the subsidies are excluded from income.

(3) For the EA and SNAP programs, the subsidies are countable unearned income.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060
SSP 7-2018, minor correction filed 02/02/2018, effective 02/02/2018
AFS 22-2002, f. 12-31-02, cert. ef. 1-1-03
AFS 6-2001, f. 3-30-01, cert. ef. 4-1-01
AFS 28-1992, f. & cert. ef. 10-1-92

Or. Admin. R. 461-145-0259 Indian (Native American) Benefits; OSIPM and Medicare Savings Programs

(1) The following Indian (Native American) benefits are excluded from income and resources:

(a) Indian lands held jointly with the tribe, or land that may not be sold without the approval of the Bureau of Indian Affairs (BIA).

(b) Payments made under the Indian Judgment Funds Distribution Act (Public Law 93-134).

(A) Indian judgment funds include interest and investment income accrued while the funds are held in trust.

(B) Initial purchases made with distributed judgment funds are excluded from resources.

(d) Per capita distributions of all funds held in trust by the Secretary of the Interior to members of an Indian tribe (Public Law 98-64).

(e) The following items received from a native corporation are excluded under the Alaska Native Claims Settlement Act (ANCSA) (Public Law 100-241):

(A) Cash received from a native corporation, including cash dividends on stock received from a native corporation, to the extent it does not exceed $2,000 per individual per year.

(B) Stock, including stock issued or distributed by a native corporation as a dividend or distribution on stock.

(D) Land or an interest in land, including land or an interest in land received from a native corporation as a dividend or distribution on stock.

(E) An interest in a settlement trust.

(f) Up to $2000 per year received from payments from individual interests in Trust or Restricted Lands (Public Law 103-66).

(g) Distribution of Per Capita Funds to the Red Lake Band of Chippewa Indians from the proceeds of the sale of timber and lumber on the Red Lake Reservation (Public Law 85-794).

(h) Distribution of Per Capita Funds by the Blackfeet and Gros Ventre tribal governments to members, which resulted from judgment funds to the tribes (Public Law 92-254).

(i) Distribution of Claims Settlement Funds to members of the Hopi and Navajo Tribes (Public Laws 93-531 and 96-305).

(j) Receipts and distributions derived from lands held in trust for Indian tribes are excluded from the following Indian groups (Public Law 94-114):

(A) Seminole Indians.

(B) Pueblos of Zia and Jimenez.

(D) Burns Indian Colony.

(E) Assiniboine and Sioux Tribe.

(F) Bad River Band of the Lake Superior Tribe of Chippewa Indians.

(G) Blackfeet Tribe of Montana.

(H) Cherokee Nation of Oklahoma.

(I) Cheyenne River Sioux Tribe.

(J) Crow Creek Sioux Tribe.

(K) Devil’s Lake Sioux Tribe.

(L) Fort Belknap Indian Community.

(M) Keweenaw Bay Indian Community.

(N) Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(O) Lower Brule Sioux Tribe.

(P) Minnesota Chippewa Tribe.

(Q) Navajo Tribe.

(R) Oglala Sioux Tribe.

(S) Rosebud Sioux Tribe.

(T) Shoshone-Bannock Tribe.

(U) Standing Rock Sioux Tribe.

(k) Judgment funds distributed per capita to, or held in trust for, members of the Sac and Fox Indian Nation (Public Law 94-189).

(l) Judgment funds distributed per capita to, or held in trust for, members of the Grand River Band of Ottawa Indians (Public Law 94-540).

(m) Judgment funds distributed per capita to members of the Confederated Tribes and Bands of the Yakima Indian Nation or the Apache Tribe of the Mescalero Reservation (Public Law 95-433).

(n) Receipts derived from trust lands awarded to the Pueblo of Santa Ana and distributed to members of that tribe (Public Law 95-498).

(o) Receipts derived from trust lands awarded to the Pueblo of Zia and distributed to members of that tribe (Public Law 95-499).

(p) Judgment funds distributed per capita or made available for programs for members of the Delaware Tribe of Indians and the absentee Delaware Tribe of Western Oklahoma (Public Law 96-318).

(q) Funds and distributions to members of the Passamaquoddy Tribe, the Penobscot Nation, and the Houlton Band of Maliseet Indians under the Maine Indian Claims Settlement Act (Public Law 96-420).

(r) Distributions of judgment funds to members of the San Carlos Tribe of Arizona (Public Law 97-95).

(s) Distributions of judgment funds to members of the Wyandot Tribe of Indians of Oklahoma (Public Law 97-371).

(t) Distributions of judgment funds to members of the Shawnee Tribe of Indians (Absentee Shawnee Tribe of Oklahoma, the Eastern Shawnee Tribe of Oklahoma, and the Cherokee Band of Shawnee descendants) (Public Law 97-372).

(u) Judgment funds distributed per capita or made available for programs for members of the Miami Tribe of Oklahoma and the Miami Indians of Indiana (Public Law 97-376).

(v) Distributions of judgment funds to members of the Clallam Tribe of Indians of the State of Washington (Port Gamble Indian Community, Lower Elwha Tribal Community, and the Jamestown Band of Clallam Indians) (Public Law 97-402).

(w) Judgment funds distributed per capita or made available for programs for members of the Pembina Chippewa Indians (Turtle Mountain Band, Chippewa Cree Tribe, Minnesota Chippewa Tribe, and Little Shell Band of Chippewa Indians of Montana) (Public Law 97-403).

(x) Per capita distributions of judgment funds to members of the Gros Ventre and Assiniboine Tribes of Fort Belknap Indian Community, and the Papago Tribe of Arizona (Public Law 97-408).

(y) Up to $2,000 of per capita distributions of judgment funds to members of the Confederated Tribes of the Warm Springs Reservation (Public Law 97-436).

(z) Judgment funds distributed to the Red Lake Band of Chippewa Indians (Public Law 98-123).

(aa) Funds distributed per capita or family interest payments for members of the Assiniboine Tribe of the Fort Belknap Indian Community of Montana and the Assiniboine Tribe of the Fort Peck Indian Reservation of Montana (Public Law 98-124).

(bb) Judgment funds and income therefrom distributed to members of the Shoalwater Bay Indian Tribe (Public Law 98-432).

(cc) All distributions to heirs of certain deceased Indians under the Old Age Assistance Claims Settlement Act (Public Law 98-500).

(dd) Judgment funds distributed per capita or made available for any tribal program, for members of the Wyandotte Tribe of Oklahoma and the Absentee Wyandottes (Public Law 98-602).

(ee) Per capita and dividend payment distributions of judgment funds to members of the Santee Sioux Tribe of Nebraska, the Flandreau Santee Sioux Tribe, and the Prairie Island Sioux, Lower Sioux, and Shakopee Mdewakanton Sioux Communities of Minnesota (Public Law 99-130).

(ff) Funds distributed per capita or held in trust for members of the Chippewas of Lake Superior and the Chippewas of the Mississippi (Public Law 99-146).

(gg) Distributions of claims settlement funds to members of the White Earth Band of Chippewa Indians as allottees, or their heirs (Public Law 99-264).

(hh) Payments or distributions of judgment funds, and the availability of any amount for such payments or distributions, to members of the Saginaw Chippewa Indian Tribe of Michigan (Public Law 99-346).

(ii) Judgment funds distributed per capita or held in trust for members of the Chippewas of Lake Superior and the Chippewas of the Mississippi (Public Law 99-377).

(jj) Judgment funds distributed to members of the Cow Creek Band of Umpqua Tribe of Indians (Public Law 100-139).

(kk) Per capita restitution payments made to eligible Aleuts who were relocated or interned during World War II (Public Law 100-383).

(ll) Per capita payments of claims settlement funds to members of the Coushatta Tribe of Louisiana (Public Law 100-411).

(mm) Funds distributed per capita for members of the Hoopa Valley Indian Tribe and the Yurok Indian Tribe (Public Law 100-580).

(nn) Judgment funds held in trust by the United States, including interest and investment income accruing on such funds, and judgment funds made available for programs or distributed to members of the Wisconsin Band of Potawatomi (Hannahville Indian Community and Forest County Potawatomi) (Public Law 100-581).

(oo) All funds, assets, and income from the trust fund transferred to the members of the Puyallup Tribe under the Puyallup Tribe of Indians Settlement Act of 1989 (Public Law 101-41).

(pp) Judgment funds distributed per capita, or held in trust, or made available for programs, for members of the Seminole Nation of Oklahoma, the Seminole Tribe of Florida, the Miccosukee Tribe of Indians of Florida, and the independent Seminole Indians of Florida, plus any interest and investment income accruing on the funds held in trust (Public Law 101-277).

(qq) Payments, funds, distributions, or income derived from them under the Seneca Nation Settlement Act of 1990 (Public Law 101-503).

(rr) Per capita distributions of settlement funds under the Fallon Paiute Shoshone Indian Tribes Water Rights Settlement Act of 1990 (Public Law 101-618).

(ss) Settlement funds, assets, income, payments or distributions from Trust Funds to members of the Catawba Indian Tribe under the Catawba Indian Tribe of South Carolina Land Claims Settlement Act of 1993 (Public Law 103-116).

(tt) Settlement funds held in trust, including interest and investment income accruing on such funds, and payments made to members of the Confederated Tribes of the Colville Reservation under the Confederated Tribes of the Colville Reservation Grand Coulee Dam Settlement Act (Public Law 103-436).

(uu) Payments made or benefits granted by the Crow Boundary Settlement Act of 1994 (Public Law 103-444).

(vv) Per capita distribution judgment funds to members of the Western Shoshone Indians (Public Law 108-270).

(ww) Payments made or granted to the Aroostook Band of Micmacs under Public Law 102-171.

(xx) Payments made from the distribution of judgment funds to members of the Confederated Tribes of the Umatilla under Public Law 91-259.

(yy) Payments from the Tribal Trust Accounting and Management Lawsuits under Public Law 111-291, section 101.

(2) Bureau of Indian Affairs (BIA) General Assistance payments are federally-funded income based on need and are counted as unearned income, regardless of whether they are paid in cash or in kind. The $20 per month general income exclusion does not apply to these payments.

(3) Assistance based on need that meets both requirements of subsections (a) and (b) below is excluded as income in the month received. Any amount remaining after the month of receipt is countable as a resource for Oregon Supplemental Income Program Medical (OSIPM) and the Qualified and Disabled Working Individual (QDWI) program:

(a) The assistance is not federally funded and funded wholly by either Indian tribes, or a combination of Indian tribes and a state or a political subdivision of a state.

(b) The assistance is provided under a program which uses income as a factor of eligibility. If the program uses income to determine payment amount but not eligibility, it is not excluded.

(4) Bureau of Indian Affairs (BIA) foster care payments are excluded.

(5) Individual Indian Money (IIM) accounts are treated as follows:

(a) For an account that requires BIA Authorization for withdrawal (restricted):

(A) A deposit required by the BIA is excluded as income and as a resource.

(B) A deposit not required by the BIA is counted or excluded as income in accordance with this chapter of rules based on the source of the deposit. The deposit is excluded as a resource.

(C) A withdrawal is treated in accordance with this chapter of rules based on the source of the funds withdrawn. When funds in the account include both excluded and non-excluded funds, the Department (see OAR 461-001-0000) presumes that the non-excluded funds are withdrawn first.

(b) For an account that does not require BIA authorization for a withdrawal (unrestricted): Deposits and withdrawals are treated in accordance with this chapter of rules based on the source of the deposit or withdrawal. When funds in the account include both excluded and non-excluded funds, the Department presumes that the non-excluded funds are withdrawn first.

History

Statutory/Other Authority: ORS 409.050, 410.070, 411.060, 411.070, 411.083, 411.404, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.010, 409.050, 410.010, 410.020, 410.070, 411.060, 411.070, 411.083, 411.404, 413.085, 414.685 & 414.839
SSP 29-2025, amend filed 12/29/2025, effective 01/01/2026
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 35-2015, f. 12-23-15, cert. ef. 1-1-16

Or. Admin. R. 461-145-0260 American Indian and Alaska Native Benefits; Not OSIPM and QMB

(1) This rule does not apply to the OSIP, OSIPM, and QMB programs which are treated under OAR 461-145-0259. In this rule, the term “all programs” does not include the OSIP, OSIPM, and QMB programs. In this rule, the names of sovereign tribal nations are often listed as shown in the public law. The Department has also attempted (in parenthesis) to include the names of sovereign tribal nations as they call themselves, if different than the name in the public law. When there is a conflict, the rule provision applies to the Tribe subject to the public law.

(2) In all programs, the following benefits or payments are excluded as income and resources.

(a) Public Law 84-736: Payments from the distribution of funds held in trust to the Seminole Indians of Florida (The Seminole Tribe of Florida).

(b) Public Law 84-926: Payments from the distribution of funds held in trust to the Pueblos of Zia and Jemez Tribes of Florida.

(c) Public Law 92-480: Payments from the distribution of funds held in trust to the Stockbridge Munsee Indian Community (Stockbridge Munsee Community) of Wisconsin.

(d) Public Law 92-488: Payments from the distribution of funds held in trust to the Burns Indian Colony (Burns Paiute Tribe) in Oregon.

(e) Public Law 93-531: Relocation assistance payments to members of the Navajo (Navajo Nation or Dine') or Hopi Tribe.

(f) Public Law 94-114, section 6: Distribution of receipts from lands held in trust by the United States for the following tribes:

(A) Assiniboine and Sioux Tribes of Montana.

(B) Bad River Band of the Lake Superior Tribe of Chippewa Indians of Wisconsin.

(D) Cherokee Nation of Oklahoma.

(E) Cheyenne River Sioux Tribe of South Dakota.

(F) Chippewa Tribe of Minnesota (Minnesota Chippewa Tribe).

(G) Crow Creek Sioux Tribe of South Dakota.

(H) Devil’s Lake Sioux Tribe of North Dakota.

(I) Fort Belknap Indian Community of Montana.

(J) Keweenaw Bay Indian Community of Michigan.

(K) Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin.

(L) Lower Brule Sioux Tribe of North Dakota.

(M) Navajo Tribe (Navajo Nation or Dine') of New Mexico.

(N) Oglala Sioux Tribe of South Dakota.

(O) Rosebud Sioux Tribe (Sicangu Lakota Oyate, or Burnt Thigh Nation comprised of the Ogalala, Sicangu or Brule, Hunkpapa, Miniconjou, Sihasapa or Blackfoot, Itazipacola, and Oohenupa) of South Dakota.

(P) Shoshone – Bannock Tribes of Idaho.

(Q) Standing Rock Sioux Tribe of North Dakota.

(g) Public Law 94-540: Judgment funds distributed to members of the Grand River Bands of Ottawa Indians.

(h) Public Law 95-433: Judgment funds distributed to members of the Confederated Tribes and Bands of the Yakama (formerly Yakima) Indian Nation (comprised of the Yakama Palouis, Pisquouse, Wenatchsahpam, Klikatat, Klingquit, Kow-was-say-ee, Li-was, Skin-pha, Wish-ham, Shyiks, Ocehchotes, Ka-milt-pha, and Se-ap-Cat), or the Apache Tribe of the Mescalero Reservation (Mescalero Apache Tribe).

(i) Public Law 95-498: Receipts derived from trust lands awarded to the Pueblo of Santa Ana and distributed to members of that Tribe.

(j) Public Law 95-499: Receipts derived from trust lands awarded to the Pueblo of Zia and distributed to members of that Tribe.

(k) Public Law 95-608: Indian child welfare payments.

(l) Public Law 96-305: Relocation assistance payments to members of the Navajo (Navajo Nation or Dine') or Hopi Tribe.

(m) Public Law 96-318: Judgment funds distributed to members of the Delaware Tribe of Indians and the absentee Delaware Tribe of Western Oklahoma (Delaware Tribe of Western Oklahoma).

(n) Public Law 96-420: Funds and distributions to members of the Passamaquoddy Tribe, the Penobscot Nation, and the Houlton Band of Maliseet Indians under the Maine Indian Claims Settlement Act.

(o) Public Law 97-372: Distributions of judgment funds to members of the Shawnee Tribe of Indians (Absentee Shawnee Tribe of Oklahoma (Absentee Shawnee Tribe of Indians of Oklahoma), the Eastern Shawnee Tribe of Oklahoma, and the Cherokee Band of Shawnee descendants).

(p) Public Law 97-376: Judgment funds distributed per capita to members of the Miami Tribe of Oklahoma and the Miami Indians of Indiana (Miami Nation of Indians of Indiana).

(q) Public Law 97-403: Payments on judgments funds to the Turtle Mountain Band of Chippewa, Arizona.

(r) Public Law 97-408: Payments on judgment funds to the Blackfeet Tribe, Gros Ventre (Aaniih) Tribe, and Assiniboine (Nakoda) Tribe (Montana) and the Papago (Tohono O’odham Nation) (Arizona).

(s) Public Law 98-64: Payments from judgment funds held in trust by the US Secretary of the Interior.

(t) Public Law 98-123: Judgment funds held in trust and per capita and interest payments disbursed to the Red Lake Band of Chippewa Indians (Red Lake Nation or Miskwaagamiiwi-Zaagaiganing).

(u) Public Law 98-124: Judgment funds held in trust and per capita and interest payments made to the members of the Assiniboine (Nakoda) Tribe of the Fort Belknap Indian Community (Montana) and the Assiniboine Tribe of the Fort Peck Reservation (Montana).

(v) Public Law 98-432: Judgment funds and income distributed to members of the Shoalwater Bay Indian Tribe.

(w) Public Law 99-130: Per Capita and dividend payment distributions of judgment funds to members of Santee Sioux Tribe (Santee Sioux Nation) of Nebraska, Flandreau Santee Sioux Tribe, Prairie Island Sioux (Prairie Island Indian Community or Tinta Wita), Lower Sioux (Lower Sioux Indian Community or Cansa’yapi) and Shakopee Mdewakanton Sioux Community (Mdewakanton) of Minnesota.

(x) Public Law 99-146, section 6(b): Funds distributed per capita or held in trust for members of the Chippewas of Lake Superior (Lake Superior Chippewa Indians). The funds are distributed to the following reservations:

(A) Wisconsin: Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation, Lac Courte Oreilles Band of Lake Superior Bands of Chippewa Indians (Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin) of the Lac du Flambeau Reservation, Sokaogon Chippewa Community of the Mole Lake Band of Chippewa Indians, Red Cliff Reservation (Red Cliff Band of Lake Superior Chippewa Indians of Wisconsin), St. Croix Chippewa Reservation (St. Croix Chippewa Indians of Wisconsin).

(B) Michigan: Keweenaw Bay Indian Community (L’Anse, Lac Vieux Desert and Ontonagon Bands).

(C) Minnesota: Fond du lac (Fond du Lac Band of Lake Superior Chippewa or Nah-gah-chi-wa-nong) Reservation, Grand Portage (Grand Portage Band of Lake Superior Chippewa, Grand Portage Anishinaabe, or Gichi-Onigaming) Reservation, Bois Fort (Bois Forte Band of Chippewa or Zagaakwaandagowininiwag) Reservation (including Nett Lake, Vermillion Lake and Deer Creek), White Earth (White Earth Nation or Gaa-waabaabiganikaag) Reservation.

(y) Public Law 99-264: Payments and funds held in trust to the White Earth Band of Chippewa Indians in Minnesota (White Earth Nation or Gaa-waabaabiganikaag) under the White Earth Reservation Land Settlement Act of 1985, Section 16.

(z) Public Law 99-346 section 6(b)(2): Per capita payments and income from a distribution of funds held in trust to the Saginaw Chippewa Indian Tribe of Michigan.

(aa) Public Law 99-377 section 4(b): Per capita payments distributed or held in trust to the Chippewas of Mississippi under Public Law 99-377 Section 4(b), to those with affiliation with the Mille Lacs (Mille Lacs Band of Ojibwe or Misi-zaaga’iganiing), White Earth (White Earth Nation or Gaa-waabaabiganikaag) and Leech Lake (Leech Lake Band of Ojibwe or Gaa-zagaskwaajimekaag) Reservations in Minnesota, and paid by the Indian Claims Commission.

(bb) Public Law 100-139: Judgment payments disbursed to the Umpqua Tribe Cow Creek Band (Cow Creek Band of Umpqua Tribe of Indians).

(cc) Public Law 100-383: Per capita restitution payments made to eligible Aleuts (Unangan or Unangax) who were relocated or interned during World War II.

(dd) Public Law 101-41: Funds, assets or income received from the trust fund established and paid to the Puyallup Tribe (the Puyallup Tribe of Indians or see emboldened word in attachment) of the State of Washington under Section 9(b) of the Puyallup Tribe of Indians Settlement Act of 1989.

(ee) Public Law 101-503 Section 8(b): Settlement payments, funds distributed or held in trust to members of the Seneca Nation (Seneca Nation of Indians or O-non-dowa-gah) under the Seneca Nation Settlement Act of 1990.

(ff) Public Law 102-171: Payments to the Aroostook Band (Mi’kmaq Nation) under the Micmac Settlement Act.

(gg) Public Law 103-116: Settlement funds, income, payments or distributions from Trust Funds to members of the Catawba Indian Tribe (The Catawba Nation or yeh is-WAH h’reh) under the Catawba Indian Tribe of South Carolina Land Claims Settlement Act of 1993.

(hh) Public Law 103-436: Payments from the Confederated Tribes of the Colville Reservation Grand Coulee Dam Settlement Act (comprised of the Chelan or see emboldened word in attachment, Chief Joseph Band of Nez Perce or wal'wáma, Colville or see emboldened word in attachment, Entiat or see emboldened word in attachment, Lakes or see emboldened word in attachment, Methow or see emboldened word in attachment, Moses-Columbia or see emboldened word in attachment, Nespelem or see emboldened word in attachment, Okanogan or see emboldened word in attachment, Palus or palúspam, Sanpoil or see emboldened word in attachment, and Wenatchi or see emboldened word in attachment).

(ii) Public Law 103-444: Payments made or benefits granted by the Crow Boundary Settlement Act of 1994.

(jj) Public Law 105-143: Distributions of judgment funds to the Ottawa and Chippewa of Michigan under the Michigan Indian Land Claims Settlement Act.

(kk) Public Law 108-270: Per capita distribution of judgment funds to members of the Western Shoshone Indians (Newe).

(ll) Public Law 111-291 section 101: Payments from the Tribal Trust Accounting and Management Lawsuits. If the funds are comingled with other funds, the resource is excluded for only 12 months and counted thereafter.

(mm) Tribal Benefits from timber sales or oil reserves from land held in trust by the Secretary of the Interior.

(3) Payments from the Bureau of Indian Affairs are treated as follows:

(a) In the SNAP program, payments from the General Assistance program are counted as unearned income.

(b) In all programs except the SNAP program, payments from the General Assistance program are excluded.

(4) In all programs except the SNAP program, the following payments are excluded unearned income. In the SNAP program, the Department excludes the first $2,000 of each per capita payment per individual in the financial group (see OAR 461-110-0530) and the balance is counted as unearned periodic income.

(a) Public Law 85-794: Distribution of Per Capita Funds to the Red Lake Band of Chippewa Indians (Red Lake Nation or Miskwaagamiiwi-Zaagaiganing) from the proceeds of the sale of timber and lumber on the Red Lake Reservation.

(b) Public Law 93-134: Indian Judgement Funds Distribution Act payments received from trust or restricted lands under 25 USC 1408.

(5) In all programs except the SNAP program, the following payments are excluded unearned income. In the SNAP program, the Department excludes the first $2,000 of each per capita payment per individual in the financial group and the balance is counted as unearned periodic income.

(a) Public Law 100-411: Per capita payments of claims settlement funds to members of the Coushatta Tribe of Louisiana (The Sovereign Nation of the Coushatta Tribe of Louisiana).

(b) Public Law 100-581: Judgment funds distributed to members of the Wisconsin Band of Potawatomi (Hannahville Indian Community and Forest County Potawatomi).

(c) Public Law 101-618: Per capita distributions of settlement funds under the Fallon Paiute Shoshone Indian Tribes Water Rights Settlement Act of 1990 (Toi-Ticutta).

(6) Public Law 101-277 funds appropriated in satisfaction of judgments awarded to the Seminole and paid by the Indians Claims Commission are excluded unearned income in the SNAP program. In all programs other than the SNAP program, the Department excludes the first $2,000 of each per capita payment per individual in the financial group and counts the balance as unearned periodic income. These payments are allocated to members of the Seminole Nation of Oklahoma, Seminole Tribe of Florida, the Miccosukee Tribe of Indians of Florida and the independent Seminole of Florida.

(7) In all programs, the payments in this section are excluded unearned income.

(a) Public Law 94-189: Judgment funds distributed to members of the Sac and Fox Nation.

(b) Public Law 98-602: Per Capita distributions of judgment funds to members of the Wyandotte Tribe (Wyandotee Nation, see emboldened word in attachment, or Wanda; consisting of Tionontati, Attignawantan, and Wenrohronon (Wenro)) in Oklahoma and Absentee Wyandotte.

(8) In all programs except the SNAP program, the payments in this section are excluded unearned income. In the SNAP program, the Department excludes the first $2,000 each year of per capita payments per individual in the financial group and count the balance as unearned periodic income.

(a) Public Law 92-254: Distribution of Per Capita Funds by the Blackfeet Tribe and Gros Ventre (Aaniih) Tribe tribal governments to members, which resulted from judgment funds to the Tribes.

(b) Public Law 103-66: Payments for land held in trust by the Secretary of the Interior under 25 USC 1408.

(c) Payments from land designated as American Indian or Alaska Native trust land and not addressed elsewhere in this rule.

(9) For the following payments, the Department excludes the first $2,000 each year of per capita payments per individual in the financial group and counts the balance as unearned periodic income.

(a) Public Law 92-203, the Alaska Native Claim Settlement Act payments.

(b) Public Law 100-241, the Alaska Native Claim Settlement Act Amendment of 1987.

(10) Public Law 98-500, section 8(b) (Old Age Assistance Claims Settlement Act): In all programs, the Department excludes the first $2,000 of each per capita payment per individual in the financial group and counts the balance as unearned periodic income.

(11) The Department excludes the first $2,000 of each per capita payment per individual in the financial group and counts the balance as unearned periodic income for the following:

(a) Public Law 100-580: Funds distributed to the Hoopa Valley Tribe and the Yurok Tribe under the Hoopa-Yurok Settlement Act, and paid by the Indian Claims Commission.

(b) Public Law 97-436: Per capita distributions of judgment funds to members of the Confederated Tribes (Wascoes, Warm Springs, Paiutes) of the Warm Springs Reservation.

(12) Tribal payments for child care are treated as follows:

(a) Provider-direct payments are counted as the provider's earned income.

(b) All client-direct payments are excluded.

(13) Commercial fishing income under one of the Columbia River Fishing Treaties for the Confederated Tribes and Bands of the Yakama (formerly Yakima) Indian Nation (comprised of the Yakama Palouis, Pisquouse, Wenatchsahpam, Klikatat, Klingquit, Kow-was-say-ee, Li-was, Skin-pha, Wish-ham, Shyiks, Ocehchotes, Ka-milt-pha, and Se-ap-Cat), Confederated Tribes of the Warm Springs (comprised of the Wascoes, Warm Springs, and Paiutes), Confederated Tribes of the Umatilla Indian Reservation (comprised of the Cayuse, Umatilla, and Walla Walla), and Nez Perce Tribe (Nimiipuu) is counted as earned income.

(14) Tribal-TANF payments are counted in the same manner as TANF program payments under OAR 461-145-0410.

(15) In all programs except TA-DVS and TANF, all other American Indian or Alaska Native benefit payments distributed by the tribe and not excluded by public law are counted as unearned income. This includes the following:

(a) Profit share or per capita income from tribal casinos

(b) Income derived from fee property (land not held in trust by the Bureau of Indian Affairs) such as timber sales or sale of oil reserves.

(c) Public Law 91-259: Payments from the distribution of judgment funds to members of the Confederated Tribes of the Umatilla Indian Reservation (comprised of the Cayuse, Umatilla, and Walla Walla).

(16) In the TA-DVS and TANF programs, all other American Indian or Alaska Native benefit payments distributed by a Tribe and not included or excluded by public law are excluded assets (see OAR 461-001-0000).

(17) American Indian or Alaska Native lands held jointly with the tribe, or land that may not be sold without the approval of the Bureau of Indian Affairs (BIA) are excluded resources.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.083, 411.404, 411.816, 412.014 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.083, 411.404, 411.816, 412.014 & 412.049
SSP 47-2023, amend filed 09/25/2023, effective 10/01/2023
SSP 17-2023, amend filed 06/14/2023, effective 07/01/2023
SSP 59-2022, amend filed 12/27/2022, effective 01/01/2023
SSP 7-2019, amend filed 03/11/2019, effective 04/01/2019
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 35-2015, f. 12-23-15, cert. ef. 1-1-16
SSP 8-2013, f. & cert. ef. 4-1-13
SSP 39-2012(Temp), f. 12-28-12, cert. ef. 1-1-13 thru 6-30-13
SSP 37-2012, f. 12-28-12, cert. ef. 1-1-13
SSP 28-2012(Temp), f. & cert. ef. 8-7-12 thru 2-3-13
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
SSP 10-2007, f. & cert. ef. 10-1-07
AFS 24-1997, f. 12-31-97, cert. ef. 1-1-98
AFS 16-1996, f. 4-29-96, cert. ef. 5-1-96
AFS 13-1994, f. & cert. ef. 7-1-94
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 28-1992, f. & cert. ef. 10-1-92
AFS 8-1992, f. & cert. ef. 4-1-92
AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92
AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0261 Individual Development Account (IDA)

(1) An Individual Development Account (IDA) is a trust-like savings account established under P.L. 105-285 designed to help low-income individuals save for specified purposes. The individual makes deposits from their earnings, and these are matched by a combination of government and private-sector funds.

(2) For eligibility determinations in all programs:

(a) Except for SNAP, deposits from the account holder's earnings are excluded from gross earned income. For SNAP, the deposit remains countable earned income.

(b) Matching deposits from government and private-sector funds are excluded from income.

(d) Interest earned by the IDA savings account is excluded from income.

(3) For patient liability calculations (see OAR 461-160-0610), all income deposited into an IDA savings account is counted as earned income.

(4) In all programs except the OSIP, OSIPM, and QMB programs, if an individual makes an emergency withdrawal from the IDA savings account, that income is counted as lump-sum income. In the OSIP, OSIPM, and QMB programs, emergency withdrawals from an IDA savings account are excluded.

History

Statutory/Other Authority: ORS 329A.500, 509.050, 411.060, 411.404, 411.700, 411.816, 412.014, 412.049, 413.085 & 414.685
Statutes/Other Implemented: ORS 411.060, 411.700, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.685
SSP 63-2021, minor correction filed 12/14/2021, effective 12/14/2021
SSP 23-2017, f. 9-11-17, cert. ef. 10-1-17
SSP 17-2008, f. & cert. ef. 7-1-08

Or. Admin. R. 461-145-0270 Inheritance

(1) An inheritance may be received in the form of monies, property, or other assets.

(2) An inheritance is treated as follows:

(a) A noncash inheritance is treated according to the policy for the specific type of asset inherited.

(b) A cash inheritance is counted as periodic or lump-sum income (see OAR 461-140-0110 and 461-140-0120).

History

Statutory/Other Authority: ORS 411.060, 411.816 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.816, 412.049, 411.081, 411.085, 411.730 & 411.404
SSP 17-2023, amend filed 06/14/2023, effective 07/01/2023
SSP 10-2007, f. & cert. ef. 10-1-07
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0280 In-Kind Income

(1) This rule does not apply to shelter-in-kind (see OAR 461-001-0000) income. (See OAR 461-145-0470 for how shelter-in-kind income is treated).

(2) In the GA program, for the purposes of determining the housing assistance payment (see OAR 461-160-0500), in-kind income (see OAR 461-001-0000) is excluded.

(3) In all programs except the REF, REFM, and TANF programs, in-kind income (see OAR 461-001-0000) that is earned is treated according to the administrative rules on earned income (such as OAR 461-145-0130).

(4) In all programs except the REF, REFM, and TANF programs, in-kind income that is unearned (except third-party payments) is treated as follows:

(a) Income from court-ordered community service work or bartering is excluded. Bartering is the exchange of goods of equal value.

(b) Items such as cars and furniture are treated according to the administrative rule for the specific type of asset.

(5) In the REF, REFM, and TANF programs, in-kind income (except unearned third-party payments) is excluded.

(6) In the SNAP program, in-kind income is excluded unless it is one of the following:

(a) Child support payments (see OAR 461-145-0080).

(b) An expenditure by a business entity that benefits a principal (see OAR 461-145-0088).

(c) A credit card company gift card, such as Mastercard or Visa, which is received regularly and can be reasonably anticipated. This does not include establishment-specific gift cards, such as those from a restaurant or retailer.

(7) Unearned third-party payments are treated as follows:

(a) Payments made to a third party that should legally be paid directly to a member of the financial group (see OAR 461-110-0530) are counted as unearned income.

(b) Payments made to a third party that the payee is not legally obligated to pay directly to a member of the financial group and that the financial group does not have the option of taking as cash, and payments made by the noncustodial parent to a third party that are court-ordered are treated as follows:

(A) In the SNAP program, these third-party payments are excluded unless they are transitional housing payments for the homeless.

(B) In the REF, REFM, and TANF programs, except for payments designated as child support (see OAR 461-145-0080), these third-party payments are excluded.

History

Statutory/Other Authority: ORS 329A.500, 409.050, 411.060, 411.070, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.685
Statutes/Other Implemented: ORS 329A.500, 409.010, 411.060, 411.070, 411.404, 411.816, 412.014 & 412.049
SSP 22-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 10-2018, amend filed 03/07/2018, effective 04/01/2018
SSP 38-2015, f. 12-25-15, cert. ef. 1-1-16
SSP 9-2014, f. & cert. ef. 4-1-14
SSP 39-2013(Temp), f. 12-31-13, cert. ef. 1-1-14 thru 6-30-14
SSP 10-2007, f. & cert. ef. 10-1-07
SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 17-2004, f. & cert. ef. 7-1-04
AFS 13-2002, f. & cert. ef. 10-1-02
AFS 34-2000, f. 12-22-00, cert. ef. 1-1-01
AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00
AFS 9-1997, f. & cert. ef. 7-1-97
AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97
AFS 32-1996(Temp), f. & cert. ef. 9-23-96
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0285 Japanese-American Restitution Payments; OSIP, OSIPM, QMB

In the OSIP, OSIPM, and QMB programs:

(1) The following restitution payments are excluded from income and resources:

(a) Restitution payments made by the U.S. Government to individual Japanese-Americans, or the spouse or parent of an individual of Japanese ancestry.

(b) Payments to a survivor of a deceased recipient under subsection (a) of this section.

(c) Restitution payments from the Canadian Government to individual Japanese-Canadians who were interned or relocated during World War II.

(2) Interest earned on payments covered by section (1) of this rule is excluded from income and resources.

History

Statutory/Other Authority: ORS 409.050, 410.070, 411.060, 411.070, 411.404, 411.706, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.010, 409.050, 410.020, 410.070, 410.080, 411.060, 411.070, 411.404, 411.706, 413.085, 414.685 & 414.839
SSP 14-2017, f. 6-5-17, cert. ef. 7-1-17

Or. Admin. R. 461-145-0290 Job Corps

Job Corps payments are treated as follows:

(1) A living allowance payment is counted as earned income.

(2) A readjustment allowance payment is treated as follows:

(a) In all programs except the SNAP program, this payment is counted as earned income.

(b) In the SNAP program, this payment is counted as lump-sum income (see OAR 461-140-0120).

(3) A support service payment for an item already covered by the benefits of the benefit group (see OAR 461-110-0750) is counted as unearned income. All other support service payments (including clothing allowances) are excluded.

(4) A reimbursement (see OAR 461-001-0000) is treated as provided in OAR 461-145-0440.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.404, 411.700, 411.816 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.070, 411.404, 411.700, 411.816 & 412.049
SSP 10-2007, f. & cert. ef. 10-1-07
AFS 131991, f. & cert. ef. 7-1-91
AFS 1-1991(Temp), f. & cert. ef. 1-2-91
AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90
AFS 3-1990(Temp), f. & cert. ef. 1-16-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0300 Workforce Innovation and Opportunity Act

Payments to individuals made under Title I-B of the Workforce Innovation and Opportunity Act (WIOA) are treated as provided in this rule.

(1) Need-based (stipend) payments are excluded in the REF, REFM, SNAP, and TANF programs.

(2) On-the-Job Training (OJT) and work experience payments are counted as earned income, except as follows:

(a) In the REF, REFM, and TANF programs, these payments are excluded.

(b) The payments are excluded in the SNAP program for an individual who is:

(A) Under the age of 19 years and under the control of an adult member of the filing group (see OAR 461-110-0370); or

(B) Receiving OJT payments under a WIOA Youth Employment Program.

(3) A support service payment for an item already covered by the benefits of the benefit group (see OAR 461-110-0750) is excluded in the REF, REFM, and TANF programs. In all other programs the support service payment is treated as unearned income. All other support service payments (including lunch payments and clothing allowances) are excluded.

(4) A reimbursement (see OAR 461-001-0000) is treated as provided in OAR 461-145-0440.

(5) In the SNAP program, if the YouthBuild Program participant is under age 19 and under parental control of another filing group member, the payments are excluded. If the participant is age 19 or older or not under parental control of another filing group member, the payments are treated as follows:

(a) Incentive payments that are reimbursements for specific expenses not covered by program benefits, for instance transportation and school supplies, are excluded.

(b) OJT and work experience payments are treated as earned income.

(6) In all programs except the SNAP program, YouthBuild Program payments are excluded.

History

Statutory/Other Authority: 409.050, 411.060, 411.070, 411.404, 411.816, 412.049, 413.085 & 414.685
Statutes/Other Implemented: 409.010, 411.060, 411.070, 411.404, 411.816, 412.049 & 29 USC 3226
SSP 53-2023, amend filed 12/21/2023, effective 01/01/2024
SSP 12-2023, amend filed 03/22/2023, effective 04/01/2023
SSP 21-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 10-2017, f. 3-24-17, cert. ef. 4-1-17
SSP 38-2015, f. 12-25-15, cert. ef. 1-1-16
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 10-2007, f. & cert. ef. 10-1-07
AFS 9-2001, f. & cert. ef. 6-1-01
AFS 24-1997, f. 12-31-97, cert. ef. 1-1-98
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 8-1992, f. & cert. ef. 4-1-92
AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0310 Life Estate

(1) For all programs except OSIP, OSIPM, and all QMB programs, if a financial group (see OAR 461-110-0530) is living in real property (see OAR 461-001-0000) while a member holds a life estate (see OAR 461-001-0000) in this property, the property is treated as a home (see OAR 461-145-0220). In all other situations, a life estate is treated as real property (see OAR 461-145-0420).

(2) In the OSIP, OSIPM, and QMB-DW programs:

(a) For purposes of this section and section (3) of this rule, the value of the rights conferred by the life estate is established by the Life Estate and Remainder Interest Table of the federal Centers for Medicare and Medicaid Services, State Medicaid Manual, section 3258.9(A).

(b) A life estate owned by a member of the financial group is treated as follows:

(A) If a member of the financial group is living on the property the value of the life estate is treated as a home (see OAR 461-145-0220).

(B) If a member of the financial group is not living on the property the value of the life estate is counted as a resource. The life estate is considered unavailable if other parties with an ownership interest in the property refuse to sell their interest or refuse to purchase the life estate interest in the property.

(3) In the OSIP and OSIPM programs:

(a) A transfer for less than fair market value (see OAR 461-001-0000) in which a member of the financial group retains a life estate is a disqualifying transfer. A transfer is considered for less than fair market value if the fair market value of the transferred resource on the day prior to the transfer is greater than the sum of the value of the rights conferred by the life estate plus the compensation received for the transfer.

(b) If a member of the financial group purchases a life estate interest in the home of another individual on or after July 1, 2006, the purchase is considered a transfer of resources unless the client resides in this home for at least 12 consecutive months after the date of the purchase. The value of the transfer for a client who does not reside in the home for at least 12 consecutive months is calculated by using the purchase price of the life estate.

History

Statutory/Other Authority: ORS 411.060, 411.816 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.700, 411.816 & 412.049
SSP 35-2015, f. 12-23-15, cert. ef. 1-1-16
SSP 17-2008, f. & cert. ef. 7-1-08
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0320 Life Insurance

(1) Benefits paid on a life insurance policy are counted as unearned income in the month received. Except in the QMB-BAS, QMB-SMB, and QMB-SMF programs, any amount retained into the following month is counted as a resource.

(a) The Department counts benefits as received when the insured individual dies or when the insured individual is eligible for and receives accelerated payments before death, such as when the insured individual has a terminal illness.

(b) When the payment is a lump sum due to the death of the insured individual a deduction is allowed, not to exceed $1,500, for the cost of the deceased individual's last illness and burial if these costs were not otherwise insured.

(2) Burial insurance that generates a cash surrender value is treated in the same manner that this rule treats life insurance.

(3) Burial insurance that does not generate a cash surrender value is treated as follows:

(a) For all programs except OSIP, OSIPM, and QMB-DW, it is excluded.

(b) In the OSIP, OSIPM, and QMB-DW programs, it is considered an irrevocable burial arrangement and treated in accordance with OAR 461-145-0040.

(4) When the ownership or beneficiary of a life insurance policy has been irrevocably assigned and designated for burial, it is treated in accordance with OAR 461-145-0040 and is not counted towards the $1500 life insurance limit.

(5) The value of a life insurance policy is treated as follows:

(a) All term insurance that has no cash surrender value is excluded.

(b) In the QMB-BAS, QMB-SMB, QMB-SMF, REF, REFM, SFPSS, SNAP, TA-DVS, Pre-TANF, and TANF programs, the cash surrender value of the life insurance policy is excluded.

(A) For the purposes of this subsection, the following definitions apply:

(i) "Cash surrender value" means the equity that the policy acquires over time.

(ii) "Dividend" means a payment of surplus company earnings from the insurer.

(iii) "Dividend accumulation" means a dividend left with the insurer to accumulate interest that may be withdrawn without affecting the policy's face value or cash surrender value .

(iv) "Dividend addition" means the amount of insurance purchased with a dividend that increases the policy's death benefit and cash surrender value .

(v) "Face value" means the amount of the death benefit contracted for at the time the policy was purchased and does not include a dividend addition added after purchase of the policy.

(vi) "Viatical settlement" means an agreement allowing a third party to acquire a life insurance policy from a terminally ill individual at an agreed-upon percentage of the life insurance policy's face value .

(B) The cash surrender value of life insurance policies owned by the financial group (see OAR 461-110-0530) is excluded if the total face value of all policies for the insured individual is less than or equal to $1,500. If the total face value of all policies for the insured individual is more than $1,500, the entire cash surrender value are counted as a resource to the owner of the policies. The total face value does not include any dividend addition . A dividend accumulation must count as a resource even if the face value of the policy that generated the dividend accumulation is excluded.

(C) The face value of term life insurance policies excluded under subsection (a) of this section are not counted in determining if the $1,500.00 life insurance exclusion limit is exceeded.

(D) The cash surrender value of a policy acquired through a viatical settlement is excluded.

History

Statutory/Other Authority: ORS 411.706, 411.816, 412.049, 413.085, 414.619, 411.060, 411.070, 411.083, 411.404, 411.704 & 409.050
Statutes/Other Implemented: ORS 411.706, 411.816, 412.049, 413.085, 414.619, ORS 409.010, 411.060, 411.070, 411.083, 411.404, 411.704 & 414.117
SSP 5-2025, minor correction filed 04/08/2025, effective 04/08/2025
SSP 17-2023, amend filed 06/14/2023, effective 07/01/2023
SSP 26-2021, amend filed 03/24/2021, effective 04/01/2021
SSP 21-2020, amend filed 07/08/2020, effective 07/08/2020
SSP 28-2018, amend filed 09/06/2018, effective 10/01/2018
SSP 14-2017, f. 6-5-17, cert. ef. 7-1-17
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 35-2015, f. 12-23-15, cert. ef. 1-1-16
SSP 18-2010, f. & cert. ef. 7-1-10
SSP 5-2010, f. & cert. ef. 4-1-10
SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05
SSP 6-2004, f. & cert. ef. 4-1-04
SSP 29-2003(Temp), f. 10-31-03, cert. ef. 11-1-03 thru 3-31-04
AFS 5-2002, f. & cert. ef. 4-1-02
AFS 9-1997, f. & cert. ef. 7-1-97
AFS 21-1995, f. 9-20-95, cert. ef. 10-1-95
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 28-1992, f. & cert. ef. 10-1-92
AFS 8-1992, f. & cert. ef. 4-1-92
AFS 16-1991, f. 8-27-91, cert. ef. 9-1-91
AFS 12-1991(Temp), f. & cert. ef. 7-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0330 Loans and Interest on Loans

(1) This rule covers proceeds of loans, loan repayments, and interest earned by a lender. If the proceeds of a loan are used to purchase an asset, the asset is evaluated under the other rules in this division of rules.

(2) For purposes of this rule:

(a) In the Oregon Supplemental Income Program Medical (OSIPM), and Qualified Medicare Beneficiaries (QMB) programs:

(A) "Bona fide loan agreement" means an agreement that:

(i) Is enforceable under state law;

(ii) Is in effect at the time the cash proceeds are provided to the borrower; and

(iii) Includes an obligation to repay and a feasible repayment plan.

(B) "Negotiable loan agreement" means a loan agreement in which the instrument ownership and the whole amount of money expressed on its face can be transferred from one person to another (i.e., sold) at prevailing market rates.

(b) In all programs:

(A) "Reverse-annuity mortgage" means a contract with a financial institution (see OAR 461-001-0000) under which the financial institution provides payments against the equity in the home that must be repaid when the homeowner dies, sells the home, or moves.

(B) The proceeds of a home equity loan or reverse-annuity mortgage (see paragraph (A) of this subsection) are considered loans.

(3) In all programs, in order to treat payments as a loan that a member of the financial group (see OAR 461-110-0530) receives as a borrower, there must be an oral or written loan agreement. This agreement must state when repayment of the loan is due to the lender.

(4) Payments for a purported loan that do not meet the requirements of section (3) of this rule are counted as unearned income.

(5) When a member of a financial group receives cash proceeds as a borrower from a loan that meets the requirements of section (3) of this rule:

(a) In all programs, educational loans are treated according to OAR 461-145-0150.

(b) In the Refugee Assistance (REF), Refugee Assistance Medical (REFM), Supplemental Nutrition Assistance Program (SNAP), and Temporary Assistance for Needy Families (TANF) programs, the loan is excluded. If retained after the month of receipt, the loan proceeds are treated in accordance with OAR 461-140-0070.

(A) If the loan is a bona fide loan agreement (see paragraph (2)(a)(A) of this rule), the money provided by the lender is not income but is counted as the borrower's resource if retained in the month following the month of receipt (notwithstanding OAR 461-140-0070).

(B) If the loan is not a bona fide loan agreement , the money provided by the lender is counted as income in the month received and is counted as a resource if retained in the month following the month it was received.

(d) In the Qualified Medicare Beneficiaries-Basic (QMB-BAS), Qualified Medicare Beneficiares-Specified Low Income Medicare Beneficiary (QMB-SMB), and QMB-SMF programs:

(A) If the loan is a bona fide loan agreement , the money provided by the lender is not considered income.

(B) If the loan is not a bona fide loan agreement , the money provided by the lender is counted as income in the month received.

(6) In the OSIPM (except OSIPM-Employed Persons with Disabilities) program, for individuals in a nonstandard living arrangement (see OAR 461-001-0000), if an individual or a community spouse (see OAR 461-001-0030) of an individual uses funds to purchase a mortgage or to purchase or lend money for a promissory note or loan:

(a) In a transaction occurring on or after July 1, 2006:

(A) The balance of the payments owing to the individual or spouse of the individual is a transfer of assets for less than fair market value (see OAR 461-001-0000), unless all of the following requirements are met:

(i) The total value of the transaction is being repaid to the individual or spouse of the individual within three months of the life expectancy per the actuarial life expectancy of that individual as established by the Period Life Table of the Office of the Chief Actuary of the Social Security Administration. If the loan, promissory note, or mortgage are jointly owned by the individual and their spouse , the requirements of this section are met if the transaction is repaid according to the life expectancy of either the individual or their spouse .

(ii) Payments are made in equal amounts over the term of the transaction without any deferrals or balloon payments.

(iii) The contract is not cancelled upon the death of the individual receiving the payments under this transaction.

(iv) No one other than the estate of the lender is designated as remainder beneficiary.

(B) If any of the requirements in paragraph (a)(A) of this section are not met, payments against the principal and interest are treated as unearned income. The outstanding principal balance of the loan is excluded as a resource.

(b) In a transaction occurring before July 1, 2006, or for a transaction occurring on or after July 1, 2006, that meets all of the requirements of subsection (a) of this section, the loan is treated as follows:

(A) Interest income is treated as unearned income.

(B) If the loan is both a negotiable loan agreement (see paragraph (2)(a)(B) of this rule) and a bona fide loan agreement , the loan is counted as a resource valued at the outstanding principal balance. Payments against the principal are excluded as income.

(C) If the loan does not qualify under paragraph (B) of this subsection, payments against the principal are counted as unearned income. The outstanding principal balance of the loan is excluded as a resource.

(7) In the OSIPM program, for individuals in a standard living arrangement (see OAR 461-001-0000), OSIPM-EPD, and QMB-DW programs, if an individual uses funds to purchase a mortgage or to purchase or lend money for a promissory note or loan:

(a) Interest income is treated as unearned income.

(b) If the loan is both a negotiable loan agreement and a bona fide loan agreement , the loan is counted as a resource of the lender valued at the outstanding principal balance. Payments against the principal are excluded as income.

(c) If the loan does not qualify under subsection (b) of this section, the balance of the loan is excluded as a resource. The payments against the principal are counted as income to the lender.

(8) In the QMB-BAS, QMB-SMB, and QMB-SMF programs, if an individual uses funds to purchase a mortgage or to purchase or lend money for a promissory note or loan:

(a) Interest income is counted as unearned income.

(b) Payments against the principal of all loans are excluded as income.

(9) In all programs other than the OSIP, OSIPM, and QMB programs:

(a) The interest payment is counted as unearned income.

(b) The payment of principal is excluded.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.619
Statutes/Other Implemented: ORS 409.050, 411.060, 411.070, 411.404, 411.816, 412.014, 412.049, 413.085, 414.619, ORS 409.010 & 414.117
SSP 55-2024, amend filed 09/30/2024, effective 10/01/2024
SSP 17-2023, amend filed 06/14/2023, effective 07/01/2023
SSP 35-2022, amend filed 04/28/2022, effective 05/01/2022
SSP 75-2021, temporary amend filed 12/16/2021, effective 12/16/2021 through 06/13/2022
SSP 28-2018, amend filed 09/06/2018, effective 10/01/2018
SSP 23-2017, f. 9-11-17, cert. ef. 10-1-17
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 35-2015, f. 12-23-15, cert. ef. 1-1-16
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
Reverted to SSP 23-2008, f. & cert. ef. 10-1-08
Suspended by SSP 26-2009(Temp), f. & cert. ef. 9-1-09 thru 1-25-10
SSP 20-2009(Temp), f. & cert. ef. 7-29-09 thru 1-25-10
SSP 23-2008, f. & cert. ef. 10-1-08
SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06
SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06
SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05
SSP 4-2005, f. & cert. ef. 4-1-05
SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05
SSP 23-2003, f. & cert. ef. 10-1-03
AFS 6-2001, f. 3-30-01, cert. ef. 4-1-01
AFS 9-1997, f. & cert. ef. 7-1-97
AFS 28-1992, f. & cert. ef. 10-1-92
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0340 Lodger Income

(1) Lodger income is the amount a lodger (see OAR 461-001-0000) pays the filing group for room (rent) and board (meals).

(2) Lodger income is counted as follows:

(a) In the REF, REFM, and TANF programs, lodger income not excluded under OAR 461-155-0350 is treated as self-employment income.

(b) In all programs except the OSIP, OSIPM, QMB, REF, REFM, and TANF programs, lodger income is treated as self-employment income.

(c) In the OSIP, OSIPM, and QMB programs, lodger income is the amount a member of the household group (see OAR 461-110-0210) pays for the use of a room (rent) with or without board (meals) and is treated as unearned income:

(A) Lodger income may be reduced by the following allowable expenses such as:

(i) Interest and escrow portions of a mortgage payment (at the point the payment is made to the mortgage holder);

(ii) If the home is rented or leased by the financial group, the monthly rent payment;

(iii) Real estate insurance;

(iv) Repairs (such as a minor correction to an existing structure);

(v) Property taxes (if not included in an escrow portion of the mortgage payment);

(vi) Lawn care;

(vii) Snow removal;

(viii) Advertising for tenants; and

(ix) Utilities.

(B) Allowable expenses are prorated based on the number of rooms designated for rent compared to the number of rooms in the house (excluding bathrooms). Basements and attics are counted only if they have been converted to living spaces (such as recreation rooms).

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.404, 411.816 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.070, 411.404, 411.816 & 412.049
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 15-2014, f. & cert. ef. 7-1-14
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 10-2007, f. & cert. ef. 10-1-07
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06
SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05
AFS 9-2001, f. & cert. ef. 6-1-01
AFS 9-1997, f. & cert. ef. 7-1-97
AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97
AFS 13-1995, f. 6-29-95, cert. ef. 7-1-95
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90
AFS 16-1990, f. 6-29-90, cert. ef. 7-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0343 Manufactured and Mobile Homes

(1) Manufactured and mobile homes are treated in the same manner as real property under OAR 461-145-0420.

(2) Manufactured and mobile homes are subject to OAR 461-145-0220 and OAR 461-145-0250 if applicable.

History

Statutory/Other Authority: ORS 411.060, 411.816 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.816 & 412.049
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07

Or. Admin. R. 461-145-0345 Military Income

Military income (pay and allowances of a member of a uniformed service) is treated as follows:

(1) Except as provided in section (2) of this rule:

(a) Military income is counted as earned income of the member's financial group (see OAR 461-110-0530), except as provided in subsection (b) of this section.

(b) The portion of military pay and allowances available to the financial group is counted as unearned income if the member is not included in the filing group.

(2) In the SNAP program:

(a) The military income available to the financial group is counted as unearned income if the member is not in the filing group (see OAR 461-110-0370), except as provided in subsections (b) and (c) of this section.

(b) The additional pay received by a member during deployment to an area described in 37 U.S.C. 310 (hostile fire or imminent danger pay) is excluded.

(d) The following process is used to determine the countable (see OAR 461-001-0000) amount after the exclusions under subsections (b) and (c) of this section:

(A) The amount of the group's military income immediately prior to the deployment is determined.

(B) The current amount of the group's military income is determined.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.816, 414.042 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.070, 411.816, 414.042 & 412.049
SSP 10-2007, f. & cert. ef. 10-1-07
SSP 4-2005, f. & cert. ef. 4-1-05

Or. Admin. R. 461-145-0348 Mineral Rights; OSIP, OSIPM, QMB

(1) In the OSIP, OSIPM, and QMB programs, “mineral rights” represent ownership interest in natural resources such as coal, oil, or natural gas, which normally are extracted from the ground.

(2) In the OSIP, OSIPM, and QMB-DW programs, mineral rights (see section (1) of this rule) are treated as follows:

(a) If the individual owns the property to which the mineral rights pertain, the current market value of the property is assumed to include the value of the mineral rights and is treated in accordance with OAR 461-145-0420.

(b) If the individual does not own the land to which the mineral rights pertain, the current market value of the mineral rights is counted as a resource.

(c) Income received from mineral rights , including compensation paid to the owner for the use or lease of property or natural resources, is considered royalty income and treated in accordance with OAR 461-145-0108.

(3) In the QMB-BAS, QMB-SMB, and QMB-SMF programs, mineral rights are treated as follows:

(a) Income received from mineral rights , including compensation paid to the owner for the use or lease of property or natural resources, is considered royalty income and treated in accordance with OAR 461-145-0108.

(b) Mineral rights are excluded as a resource.

History

Statutory/Other Authority: ORS 409.050, 410.070, 411.060, 411.070, 411.404, 411.706, 413.085 & 414.685
Statutes/Other Implemented: ORS 413.085, 414.685, 414.839, ORS 409.010, 409.050, 410.020, 410.070, 410.080, 411.060, 411.070, 411.404 & 411.706
SSP 28-2018, amend filed 09/06/2018, effective 10/01/2018
SSP 14-2017, f. 6-5-17, cert. ef. 7-1-17

Or. Admin. R. 461-145-0360 Motor Vehicle

(1) The value of disability-related apparatus, optional equipment, or low mileage is not considered in determining the fair market value (see OAR 461-001-0000) of an automobile, truck, or van. The fair market value of an automobile, truck, or van is presumed to be the "average trade-in value" established in the National Automobile Dealers Association's (NADA) Used Car Guide, Kelley Blue Book, or similar publication. An individual may rebut the presumption with a statement from a car dealer, mechanic, or other reliable source. If the vehicle is not listed in the NADA Used Car Guide, Kelley Blue Book, or a similar publication, the estimate of the value by the individual may be accepted unless it appears questionable, in which case additional evidence of the value is required.

(2) Some programs permit an exclusion for a portion of the equity value (see OAR 461-001-0000) for any licensed and unlicensed motor vehicles owned by the financial group (see OAR 461-110-0530):

(a) In the Refugee Assistance (REF), Refugee Assistance Medical (REFM), Supplemental Nutrition Assistance Program (SNAP), and Temporary Assistance for Needy Families (TANF) programs, this exclusion is up to $10,000 of the total equity value of all vehicles.

(b) Any remaining equity in the total equity value of all vehicles is counted as a resource.

(3) In the Emergency Assistance (EA) program, all motor vehicles are excluded.

(4) In the Oregon Supplemental Income Program Medical (OSIPM) and Qualified Disabled and Working Individual (QDWI) programs:

(a) The total value of a vehicle selected by the financial group is excluded if it is used for transportation of the individual or a member of the individual's household.

(b) For OSIPM (except the Oregon Supplemental Income Program Medical - Employed Persons with Disabilities (OSIPM-EPD) program), for individuals in a nonstandard living arrangement (see OAR 461-001-0000), for purposes of calculating the community spouse (see OAR 461-001-0030) resource allowance in accordance with OAR 461-160-0580, an additional vehicle owned by the community spouse can be excluded if all the following are true:

(A) The community spouse does not reside with the institutionalized spouse (see OAR 461-001-0030).

(B) The vehicle is used for transportation of the community spouse .

(c) The total equity value of any vehicle not excluded under subsections (a) or (b) of this section and all other vehicles is counted as a resource.

(5) In the OSIPM-EPD program, if a vehicle was purchased as an employment and independence expense (see OAR 461-001-0035) or with moneys from an approved account (see OAR 461-001-0035), the total value of the vehicle is excluded.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.083, 411.404, 411.704, 411.706, 411.816, 412.049, 413.085, 414.065 & 412.072
Statutes/Other Implemented: 411.060, 411.070, 411.083, 411.404, 411.704, 411.706, 411.816, 412.049, ORS 409.010 & 412.072
SSP 29-2025, amend filed 12/29/2025, effective 01/01/2026
SSP 20-2024, minor correction filed 03/18/2024, effective 03/18/2024
SSP 17-2023, amend filed 06/14/2023, effective 07/01/2023
SSP 22-2017, f. 9-8-17 & cert. ef. 10-1-17
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 23-2016, f. 6-28-16, cert. ef. 7-1-16
SSP 35-2015, f. 12-23-15, cert. ef. 1-1-16
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 32-2010, f. & cert. ef. 10-1-10
SSP 10-2007, f. & cert. ef. 10-1-07
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
SSP 17-2004, f. & cert. ef. 7-1-04
SSP 6-2004, f. & cert. ef. 4-1-04
SSP 29-2003(Temp), f. 10-31-03, cert. ef. 11-1-03 thru 3-31-04
AFS 9-1999, f. & cert. ef. 7-1-99
AFS 7-1999, f. 4-27-99, cert. ef. 5-1-99
AFS 1-1999(Temp), f. & cert. ef. 2-1-99 thru 7-31-99
AFS 25-1998, f. 12-28-98, cert. ef. 1-1-99
AFS 19-1997, f. & cert. ef. 10-1-97
AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97
AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97
AFS 27-1996, f. 6-27-96, cert. ef. 7-1-96
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0365 National and Community Services Trust Act (NCSTA), including AmeriCorps (other than AmeriCorps VISTA)

(1) The National and Community Service Trust Act (NCSTA) of 1993 (P.L. 103-82) amended the National and Community Service Act (NCSA) of 1990 (P.L. 101-610) that established a Corporation for National and Community Service. The Corporation administers national service programs providing living allowance, educational award, child care, and in-kind benefits.

(2) NCSTA payments, including AmeriCorps (except AmeriCorps VISTA which is covered in OAR 461-145-0110) are treated as follows:

(a) The living allowance (stipend benefits) is excluded.

(b) Educational award and in-kind benefits are excluded.

(A) For individuals in the REF, REFM, and TANF programs who are eligible for direct provider payment of child care, the allowance is counted as unearned income. The allowance is excluded only if the individual already pays the provider. The provider may be paid for only the costs not covered by the allowance.

(B) For individuals in the SNAP program who are receiving a child care deduction, the deduction is allowed only for the costs not covered by the allowance.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.404, 411.816 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.070, 411.404, 411.816 & 412.049
SSP 17-2023, amend filed 06/14/2023, effective 07/01/2023
SSP 10-2017, f. 3-24-17, cert. ef. 4-1-17
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 38-2015, f. 12-25-15, cert. ef. 1-1-16
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 10-2007, f. & cert. ef. 10-1-07
SSP 7-2005, f. & cert. ef. 7-1-05
AFS 9-1999, f. & cert. ef. 7-1-99
AFS 9-1997, f. & cert. ef. 7-1-97
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 2-1994, f. & cert. ef. 2-1-94

Or. Admin. R. 461-145-0370 Older Americans Act

(1) In all programs except the SNAP program, benefits under Title III of the Older Americans Act of 1965 (Nutrition Program for the Elderly) are excluded. In the SNAP program, these benefits are considered unearned income.

(2) In all programs except the SNAP program:

(a) A wage or salary paid under Title V of the Older Americans Act of 1965 (Experience Works, American Association of Retired Persons, National Association for Spanish-Speaking Elderly, National Council on Aging, National Council on Black Aging, National Council of Senior Citizens, National Urban League, U.S. Forest Service) is considered earned income.

(b) Payments under Title V of the Older Americans Act of 1965 that are not a wage or salary are excluded.

(3) In the SNAP program, payments under Title V of the Older Americans Act of 1965 are excluded.

History

Statutory/Other Authority: ORS 329A.500, 409.050, 411.060, 411.083, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.685
Statutes/Other Implemented: ORS 329A.500, 409.010, 411.060, 411.083, 411.404, 411.816, 412.014 & 412.049
SSP 23-2017, f. 9-11-17, cert. ef. 10-1-17
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 8-2008, f. & cert. ef. 4-1-08
AFS 10-2002, f. & cert. ef. 7-1-02
AFS 19-1994, f. & cert. ef. 9-1-94
AFS 28-1992, f. & cert. ef. 10-1-92
AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0375 Paid Leave Oregon

(1) For all programs except REF and TANF programs, payments from Paid Leave Oregon are counted as unearned income.

(2) In the REF and TANF programs, payments from Paid Leave Oregon are counted as one of the following:

(a) Earned income (see OAR 461-145-0130) if paid to an individual who is still employed while receiving payments from this program.

(b) Unearned income if no longer employed.

(3) In all programs covered by Chapter 461 of the Oregon Administrative Rules, retroactive payments from Paid Leave Oregon are counted as periodic or lump-sum income (see OAR 461-140-0110 and 461-140-0120).

History

Statutory/Other Authority: ORS 411.060, 411.404, 411.816 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.404, 411.816, 412.049 & 411.700
SSP 22-2023, adopt filed 06/26/2023, effective 07/01/2023

Or. Admin. R. 461-145-0380 Pension and Retirement Plans

(1) Pension and retirement plans include the following:

(a) Benefits employees receive only when they retire. These benefits can be disbursed in lump-sum or monthly payments.

(b) Benefits that employees are allowed to withdraw when they leave a job before retirement.

(A) Traditional Defined-Benefit Plan.

(B) Cash Balance Plan.

(D) Keogh Plan.

(E) Money Purchase Pension Plan.

(F) Profit-Sharing Plan.

(G) Simple 401(k).

(H) 401(k).

(d) Retirement plans authorized by section 403 of the Internal Revenue Code of 1986 at subsections (a) or (b).

(e) The following retirement plans and annuities authorized by section 408 of the Internal Revenue Code of 1986 at subsections (a), (b), (c), (k), (p), or (q), or at section 408A:

(A) Individual Retirement Annuity.

(B) Individual Retirement Account (IRA).

(D) Accounts established by employers and certain associations of employees.

(E) Simplified Employee Pension (SEP).

(F) Simple Individual Retirement Account (Simple-IRA).

(G) Roth IRA.

(f) The following retirement plans offered by governments, nonprofit organizations, or unions:

(A) 457(b) Plan.

(B) 501(c)(18) Plan.

(g) In all programs except the Oregon Supplemental Income Program (OSIP), Oregon Supplemental Income Program Medical (OSIPM), and Qualified Medicare Beneficiaries (QMB) programs, an annuity purchased by an individual with funds from a plan authorized under subsection (c), (d), or (f) of this section.

(2) An annuitized retirement plan described in subsection (1)(e) of this rule, purchased by the spouse (see OAR 461-001-0000), is not considered a retirement plan and is treated in accordance with OAR 461-145-0020 and OAR 461-145-0022.

(3) Except as provided in subsection (c) of this section, benefits an individual receives from pension and retirement plans are treated as follows:

(a) Monthly payments are counted as unearned income.

(b) All payments not covered by subsection (a) of this section are counted as periodic income (see OAR 461-001-0000 and 461-140-0110) or lump-sum income (see OAR 461-001-0000 and 461-140-0120).

(c) In the OSIP, OSIPM, and Qualified Medicare Beneficiaries-Disabled Worker (QMB-DW) programs, if the equity value (see OAR 461-001-0000) of the pension or retirement plan is counted as a resource under section (4) of this rule, any payments received are considered the conversion of a resource and are not counted as income.

(4) In the OSIP, OSIPM, and QMB-DW programs:

(a) Except for an annuity purchased with funds from a retirement plan described in subsection (1)(e) of this rule:

(A) The equity value of a pension or retirement plan is excluded as a resource if the individual is eligible for monthly or periodic payments under the terms of the plan and has applied for those payments. When an individual is permitted to choose or change a payment option, the individual must select the option that:

(i) Provides payments commencing on the earliest possible date; and

(ii) Completes payments over the actuarial life expectancy, as published in the Periodic Life Table of the Office of the Chief Actuary of the Social Security Administration, of the individual.

(B) The equity value of all pension and retirement plans not covered by paragraph (A) of this subsection that allows an individual to withdraw funds, minus any penalty for withdrawal, is counted as a resource.

(b) The equity value of an annuitized retirement plan described in subsection (1)(e) of this rule is excluded as a resource if it meets the payout requirements of OAR 461-145-0022(10)(d). Otherwise, the equity value of an annuitized retirement plan that allows an individual to withdraw funds, minus any penalty for withdrawal, is counted as a resource.

(c) For an individual in a standard living arrangement (see OAR 461-001-0000), the equity value of pension and retirement plans owned by a non-applying spouse or parent (see OAR 461-001-0000) is excluded as a resource. Dividends and interest earned on pension funds owned by a non-applying spouse or parent are excluded as income.

(5) In the Qualified Medicare Beneficiaries-Basic (QMB-BAS), Qualified Medicare Beneficiaries-Specified Low-Income Medicare Beneficiary (QMB-SMB), and QMB-SMF programs, dividends and interest earned on pension funds owned by a non-applying spouse are excluded as income.

(6) In the Refugee Assistance (REF), Refugee Assistance Medical (REFM), Supplemental Nutrition Assistance Program (SNAP) and Temporary Assistance for Needy Families (TANF) programs, the value of retirement accounts identified in sections 401(a), 401(k), 403(a), 403(b), 408, 408(k), 408(p), 408A, 457(b), 501(c)(18), or 529A of the Internal Revenue Code are excluded as resources. The value of retirement accounts designated as a Federal Thrift Savings Plan account, IRA, myRA, Roth IRA, SEP, Simple IRA, and any other retirement plan designated as tax-exempt under a successor or similar provision of the Internal Revenue Code of 1986 are excluded resources.

(7) In all programs except the OSIP, OSIPM, QMB, REF, REFM, SNAP, and TANF programs, the equity value of a pension and retirement plan that allows an individual to withdraw funds before retirement, minus any penalty for early withdrawal, is counted as a resource.

History

Statutory/Other Authority: ORS 329A.500, 409.050, 411.060, 411.070, 411.404, 411.816, 412.014, 412.049, 413.085, 414.685 & 412.007
Statutes/Other Implemented: ORS 329A.500, 409.010, 411.060, 411.070, 411.404, 411.816, 412.014, 412.049 & 412.007
SSP 55-2024, amend filed 09/30/2024, effective 10/01/2024
SSP 22-2023, amend filed 06/26/2023, effective 07/01/2023
SSP 4-2023, minor correction filed 01/04/2023, effective 01/04/2023
SSP 14-2019, amend filed 06/11/2019, effective 07/01/2019
SSP 22-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 23-2017, f. 9-11-17, cert. ef. 10-1-17
SSP 24-2016, f. 6-29-16, cert. ef. 7-1-16
SSP 35-2015, f. 12-23-15, cert. ef. 1-1-16
SSP 15-2014, f. & cert. ef. 7-1-14
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
Reverted to SSP 13-2009, f. & cert. ef. 7-1-09
Suspended by SSP 26-2009(Temp), f. & cert. ef. 9-1-09 thru 1-25-10
SSP 21-2009(Temp), f. & cert. ef. 7-29-09 thru 1-25-10
SSP 13-2009, f. & cert. ef. 7-1-09
SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09
SSP 23-2008, f. & cert. ef. 10-1-08
SSP 10-2007, f. & cert. ef. 10-1-07
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
SSP 4-2005, f. & cert. ef. 4-1-05
AFS 21-1995, f. 9-20-95, cert. ef. 10-1-95
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0390 Personal Belongings

(1) Personal belongings are items needed for maintenance and occupancy of the home and personal items found in or near the home that are used on a regular basis, are ordinarily worn or carried by the individual, or otherwise have an intimate relation to the individual. The value of personal belongings is excluded.

(2) Items that otherwise meet the definition of personal belongings but were acquired or are held for their value or as an investment are not personal belongings. The value of such items is counted.

History

Statutory/Other Authority: 412.049, 413.085, 414.685, ORS 329A.500, 409.050, 411.060, 411.816 & 412.014
Statutes/Other Implemented: 412.049, ORS 329A.500, 409.010, 411.060, 411.816 & 412.014
SSP 8-2019, amend filed 03/13/2019, effective 04/01/2019
SSP 4-2005, f. & cert. ef. 4-1-05
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0400 Personal Injury Settlement

(1) For all programs, personal injury settlements are treated as follows:

(a) Monthly payments are counted as unearned income.

(b) For individuals in all programs; except individuals eligible for OSIP and OSIPM programs under OAR 461-125-0330(2), 461-125-0370(1)(b), and 461-135-0771; all other payments are counted as periodic or lump-sum income (see OAR 461-140-0110 and 461-140-0120).

(c) For individuals eligible for OSIP and OSIPM under OAR 461-125-0330(2), 461-125-0370(1)(b), and 461-135-0771; the balance from personal injury claims after the Department's lien is satisfied is counted as lump-sum income (see OAR 461-140-0120). If the lien was not filed due to the recipient's failure to notify the Department of the claim, the payment is counted as unearned income.

(2) This rule does not apply to workers compensation payments (see OAR 461-145-0590 for the treatment of those payments).

History

Statutory/Other Authority: ORS 411.060, 411.730, 411.816 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.730, 411.816, 412.049 & ORS 411.083
SSP 17-2023, amend filed 06/14/2023, effective 07/01/2023
SSP 72-2021, minor correction filed 12/15/2021, effective 12/15/2021
SSP 10-2007, f. & cert. ef. 10-1-07
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0405 Plan for Self-support

(1) This rule covers two types of plans for self support.

(a) A plan for self support approved by the Social Security Administration.

(b) A plan for self support approved by the Department (see OAR 461-135-0708).

(2) Assets listed in an approved plan for self support are excluded.

History

Statutory/Other Authority: ORS 411.060, 411.816 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.816 & 412.049
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
Renumbered from 461-140-0420, SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
AFS 10-2002, f. & cert. ef. 7-1-02
AFS 8-1992, f. & cert. ef. 4-1-92
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0410 Program Benefits

(1) Emergency Assistance (EA) payments are treated as follows:

(a) In the Supplemental Nutrition Assistance Program (SNAP), a payment made directly to the financial group (see OAR 461-110-0530) is counted as unearned income. Dual payee and provider-direct payments are excluded.

(b) In all programs except the SNAP program, these payments are excluded.

(2) Employment Payments (see OAR 461-001-0025 and 461-135-1270) are treated as follows:

(a) In the Refugee Assistance (REF), Refugee Assistance Medical (REFM), SNAP, and Temporary Assistance for Needy Families (TANF) programs, these payments are counted as unearned income in the month received.

(b) In all programs not covered in subsection (a) of this section, these payments are excluded.

(3) Payments from Employment Related Day Care (ERDC) are excluded unless the individual is the provider.

(4) Payments from the Modified Adjusted Gross Income (MAGI) medical, MAGI-Children's Health Insurance Program (CHIP), Oregon Supplemental Income Program Medical (OSIPM), Qualified Medicare Beneficiaries (QMB), and REFM programs are excluded.

(5) Payments from Jobs Participation Incentive (JPI) (see OAR 461-135-1260) are issued as a food benefit and are excluded.

(6) SNAP payments are treated as follows:

(a) The value of a SNAP benefit is excluded in all programs except the EA program. In the EA program, the value is counted as a resource when determining the emergency food needs of the filing group (see OAR 461-110-0310 and 461-110-0370).

(b) Oregon Food Stamp Employment Transition (OFSET) service payments are excluded.

(7) Benefits from the General Assistance (GA), Oregon Supplemental Income Program (OSIP) (except OSIPM-Independent Choices Program), REF, State Family Pre-SSI/SSDI (SFPSS), TANF, and Tribal TANF programs are treated as follows:

(a) In the EA program, these payments are counted as unearned income, except that these payments are excluded for a benefit group (see OAR 461-110-0750) whose emergent need is the result of domestic violence (see OAR 461-001-0000).

(b) In the QMB-Basic (BAS), QMB-Specified Low Income Medicare Beneficiary (SMB), and QMB-SMF programs, these payments are excluded.

(A) These payments are treated as unearned income.

(B) An amount received as a late processing payment is treated as lump-sum income (see OAR 461-001-0000 and 461-140-0120).

(D) Ongoing special needs payments for laundry allowances, special diet or meal allowance, restaurant meals, accommodation allowances, and telephone allowances are treated as unearned income. All other special needs payments are excluded as reimbursements.

(d) In all programs except the EA,QMB-BAS, QMB-SMB, QMB-SMF, and SNAP programs:

(A) These payments are excluded in the month received, and any portion remaining following the month of receipt is counted as a resource.

(B) Payments made to correct an underpayment are excluded.

(e) In all programs:

(A) Job Opportunity and Basic Skills (JOBS), REF, TANF JOBS Plus, and TANF Youth Employment Program (YEP) support service payments are excluded.

(B) For the treatment of JOBS Plus and TANF YEP income, see OAR 461-145-0130.

(8) Payments from OSIPM-ICP (OSIPM-Independent Choices Program) are treated as follows:

(a) In the SNAP program, these payments are counted as unearned income and assets held in a contingency fund (see OAR 411-030-0020) are counted as a resource.

(b) In all other programs, these payments and funds held in a contingency fund are excluded.

(9) Pre-TANF program payments are treated as follows:

(a) In the SNAP program, a payment for basic living expenses, made directly to the financial group , is counted as unearned income. All other payments are excluded.

(b) In all programs except the SNAP program, these payments are excluded.

(10) Temporary Assistance for Domestic Violence Survivors (TA-DVS) payments are excluded for all programs.

History

Statutory/Other Authority: ORS 409.050, 411.083, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.619
Statutes/Other Implemented: ORS 409.010, 411.083, 411.404, 411.816, 412.014, 412.049 & 7 CFR 273.9
SSP 54-2024, amend filed 09/27/2024, effective 10/01/2024
SSP 47-2023, amend filed 09/25/2023, effective 10/01/2023
SSP 17-2023, amend filed 06/14/2023, effective 07/01/2023
SSP 26-2021, amend filed 03/24/2021, effective 04/01/2021
SSP 9-2021, minor correction filed 02/18/2021, effective 02/18/2021
SSP 14-2019, amend filed 06/11/2019, effective 07/01/2019
SSP 36-2018, amend filed 12/04/2018, effective 01/01/2019
SSP 28-2018, amend filed 09/06/2018, effective 10/01/2018
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 15-2016, f. & cert. ef. 4-1-16
SSP 35-2015, f. 12-23-15, cert. ef. 1-1-16
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 9-2012, f. 3-29-12, cert. ef. 4-1-12
SSP 36-2011(Temp), f. 12-27-11, cert. ef. 1-1-12 thru 6-29-12
SSP 35-2011, f. 12-27-11, cert. ef. 1-1-12
SSP 26-2011(Temp), f. 9-30-11, cert. ef. 10-1-11 thru 3-29-12
SSP 23-2008, f. & cert. ef. 10-1-08
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08
SSP 10-2007, f. & cert. ef. 10-1-07
SSP 18-2005, f. 12-30-05, cert. ef. 1-1-06
SSP 4-2005, f. & cert. ef. 4-1-05
SSP 22-2004, f. & cert. ef. 10-1-04
SSP 17-2004, f. & cert. ef. 7-1-04
AFS 11-2001, f. 6-29-01, cert. ef. 7-1-01
AFS 17-2000, f. 6-28-00, cert. ef. 7-1-00
AFS 24-1997, f. 12-31-97, cert. ef. 1-1-98
AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97
AFS 9-1997, f. & cert. ef. 7-1-97
AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97
AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97
AFS 32-1996(Temp), f. & cert. ef. 9-23-96
AFS 26-1996, f. 6-27-96, cert. ef. 7-1-96
AFS 22-1995, f. 9-20-95, cert. ef. 10-1-95
AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94
AFS 13-1994, f. & cert. ef. 7-1-94
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 32-1992, f. 10-30-92, cert. ef. 11-1-92
AFS 21-1992(Temp), f. 7-31-92, cert. ef. 8-1-92
AFS 8-1992, f. & cert. ef. 4-1-92
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 5-1991, f. & cert. ef. 2-1-91
AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91
AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0415 Radiation Exposure Compensation Act

Radiation Exposure Compensation Act payments are issued to compensate individuals for injuries or deaths resulting from exposure to radiation from nuclear testing or uranium mining. For all programs, these payments are excluded.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.816 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.700, 411.816, 414.042 & 412.049
SSP 10-2007, f. & cert. ef. 10-1-07
AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92

Or. Admin. R. 461-145-0417 Railroad Retirement Payments; OSIP, OSIPM, and QMB

Railroad Retirement payments made by the Railroad Retirement Board are counted as unearned income.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.083, 411.404, 411.816 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.070, 411.083, 411.404, 411.816 & 412.049
SSP 44-2016, f. 12-7-16, cert. ef. 1-1-17

Or. Admin. R. 461-145-0420 Real Property

(1) For purposes of this rule, manufactured and mobile homes and floating homes and houseboats are treated in the same manner as real property (see OAR 461-001-0000).

(2) The applicant has the burden of proof of establishing the fair market value (see OAR 461-001-0000) of real property . Fair market value may be established by any methodology determined to accurately reflect the fair market value of the real property , including the provision of an appraisal or comparative market analysis performed by an impartial individual who is certified or licensed in the applicable jurisdiction.

(3) Real property that is not income-producing or the home of the financial group (see OAR 461-110-0530) is treated as follows:

(a) In the REF, REFM, and TANF programs, the equity value (see OAR 461-001-0000) of all real property that is not excluded under an Interim Assistance agreement is counted as a resource.

(b) In the EA program, real property is excluded.

(A) The equity value of real property is excluded if the financial group is making a good-faith effort to sell the real property at a fair market price.

(B) The equity value of the real property is counted as a resource if the financial group refuses to make a good-faith effort to sell.

(C) The resource is excluded if selling the resource would produce a net gain to the financial group of less than $1,500.

(d) In the OSIP, OSIPM, and QMB-DW programs:

(A) The equity value of real property that was the home of the financial group is excluded if the financial group is making a good-faith effort to sell the real property at a reasonable price, unless the equity value in the home makes the individual ineligible under OAR 461-145-0220(2)(a).

(B) The equity value of all other real property is excluded if the financial group is making a good-faith effort to sell the real property at a reasonable price. The equity value is counted after the real property is excluded for nine months unless the failure to sell it is for reasons beyond the reasonable control of the financial group .

(4) The treatment of real property that is income producing is covered in OAR 461-145-0250 and 461-145-0252.

(5) The treatment of the home of the financial group is covered in OAR 461-145-0220.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.619
Statutes/Other Implemented: 411.060, 411.404, 411.816, 412.014, 412.049 & ORS 409.010
SSP 17-2023, amend filed 06/14/2023, effective 07/01/2023
SSP 22-2017, f. 9-8-17 & cert. ef. 10-1-17
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 35-2015, f. 12-23-15, cert. ef. 1-1-16
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
SSP 11-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 9-30-06
SSP 17-2004, f. & cert. ef. 7-1-04
AFS 34-2000, f. 12-22-00, cert. ef. 1-1-01
AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00
AFS 9-1999, f. & cert. ef. 7-1-99
AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97
AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0430 Real Property Excluded under an Interim Assistance Agreement; REF, REFM, and TANF

(1) This rule applies in the REF, REFM, and TANF programs when the equity value (see OAR 461-001-0000) of real property (see OAR 461-001-0000) puts the financial group (see OAR 461-110-0530) over the resource limit.

(2) When section (1) of this rule applies:

(a) The equity value of real property is excluded for a maximum of nine months if the financial group signs and complies with the terms of the program's Interim Assistance Agreement.

(b) After the ninth month, the equity value of the property is counted as a resource.

(3) To comply with the terms of the program's Interim Assistance Agreement, the financial group must agree to do all the following:

(a) Make a good-faith effort to sell the property; and

(b) Use the proceeds from the sale of the property to reimburse the Department for all benefits paid under the terms of the program's Interim Assistance Agreement. The reimbursement will not exceed the net proceeds of the sale of the property.

(4) The amount of benefits paid while the financial group has excess real property is an overpayment if the financial group fails to notify the Department that the group has the property.

(5) The amount of the benefits paid while the financial group has excess real property is an overpayment up to the net proceeds of the sale of the property if the property sells and the financial group does not repay the Department under the terms of the program's Interim Assistance Agreement.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.083 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.070, 411.083 & 412.049
SSP 10-2017, f. 3-24-17, cert. ef. 4-1-17
SSP 38-2015, f. 12-25-15, cert. ef. 1-1-16
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 10-2007, f. & cert. ef. 10-1-07
AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0433 Recreational Vehicles

(1) For purposes of this rule, a recreational vehicle includes both of the following subsections:

(a) A vehicle (a means for carrying or transporting something) if:

(A) The vehicle is used primarily for amusement and not for day-to-day transportation; and

(B) The vehicle cannot be licensed as a motor vehicle for use on a public highway (even if the vehicle is registered or licensed as a non-motor vehicle).

(b) An ATV, boat, camper, dune buggy, plane, snowmobile, and trailer, unless one of the following applies:

(A) The item qualifies as a capital asset (see OAR 461-001-0000).

(B) The item qualifies as work-related equipment (see OAR 461-145-0600).

(2) Except as provided in sections (3) and (4) of this rule, the equity value (see OAR 461-001-0000) of a recreational vehicle is counted as a resource.

(3) In the SNAP program, the equity value of a recreational vehicle is excluded if selling the vehicle would produce a net gain to the financial group (see OAR 461-110-0530) of less than $1,500.

(4) In the OSIP and OSIPM programs, items used as a means of day-to-day transportation or used for OSIP-EPD and OSIPM-EPD are treated in accordance with OAR 461-145-0360.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.816 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.070, 411.816, 412.049 & 411.083
SSP 17-2023, amend filed 06/14/2023, effective 07/01/2023
SSP 21-2020, amend filed 07/08/2020, effective 07/08/2020
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
AFS 21-1995, f. 9-20-95, cert. ef. 10-1-95
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 13-1991, f. & cert. ef. 7-1-91

Or. Admin. R. 461-145-0435 Refunds and Rebates

(1) In the Oregon Supplemental Income Program Medical (OSIPM) and Qualified Medicare Beneficiaries (QMB) programs:

(a) For purposes of this rule, a "health care provider" is defined in accordance with 29 CFR 825.125.

(b) Rebates, refunds, and other returns of money an individual did not already pay are counted as unearned income in the month received.

(d) Rebates that constitute a return on an individual’s investment are treated in accordance with OAR 461-145-0108.

(e) Income and property tax refunds are treated in accordance with OAR 461-145-0530.

(f) In the OSIPM and QMB-Disabled Worker (DW) programs:

(A) Refunds from a health care provider (see subsection (1)(a) of this rule) that the individual already paid are excluded as a resource.

(B) For other refunds, any amount remaining after the month of receipt is counted as a resource.

(2) In all programs, the Department excludes the following refunds in the month they are received:

(a) Refunds on merchandise that was purchased or received as a gift.

(b) Refunds of utility and rental deposits.

(3) In all programs except the OSIPM and QMB programs, the Department counts any refund amount remaining after the month of receipt as a resource.

History

Statutory/Other Authority: ORS 329A.500, 409.050, 411.060, 411.070, 411.083, 411.404, 411.706, 411.816, 412.014, 412.049, 413.085 & 414.685
Statutes/Other Implemented: ORS 329A.500, 409.010, 411.060, 411.070, 411.404, 411.706, 411.816, 412.014, 412.049, 413.085, 414.685 & 29 CFR 825.125
SSP 11-2025, amend filed 06/23/2025, effective 07/01/2025
SSP 2-2025, temporary amend filed 03/18/2025, effective 03/18/2025 through 09/13/2025
SSP 28-2018, amend filed 09/06/2018, effective 10/01/2018
SSP 14-2017, f. 6-5-17, cert. ef. 7-1-17
AFS 13-1991, f. & cert. ef. 7-1-91

Or. Admin. R. 461-145-0440 Reimbursement

(1) For the treatment of USDA meal reimbursements, see OAR 461-145-0570.

(2) The reimbursement (see OAR 461-001-0000) of a business expense for an individual who is self-employed is treated as self-employment income (see OAR 461-145-0910, 461-145-0915, and 461-145-0920).

(3) Except as provided in sections (1) and (2) of this rule, a reimbursement is treated as follows:

(a) In the SNAP program:

(A) A reimbursement in the form of money for a normal household living expense, such as rent or payment on a home loan, personal clothing, or food eaten at home, is unearned income.

(B) Any other reimbursement is treated as follows:

(i) An in-kind reimbursement is excluded.

(ii) A reimbursement in the form of money is excluded if used for the identified expense, unless the expense is covered by program benefits.

(iii) A reimbursement is counted as periodic income (see OAR 461-001-0000 and 461-140-0110) or lump-sum income (see OAR 461-001-0000 and 461-140-0120) if not used for the identified expense.

(iv) A reimbursement for an item already covered by the benefits of the benefit group (see OAR 461-110-0750) is counted as periodic income or lump-sum income .

(b) In the OSIP, OSIPM, QMB, and SNAP programs, a reimbursement from a business entity that benefits a principal (see OAR 461-145-0088) is counted as earned income (see OAR 461-145-0130).

(A) An in-kind reimbursement is excluded.

(B) A reimbursement in the form of money is excluded if used for the identified expense, unless the expense is covered by program benefits.

(D) A reimbursement for an item already covered by the benefits of the benefit group is counted as follows:

(i) In all programs except the OSIPM and QMB programs, it is counted as unearned income.

(ii) In the OSIPM and QMB programs, it is counted as unearned income unless the payment is turned over to the Department (see OAR 461-120-0315).

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.816, 412.049, 413.085 & 414.619
Statutes/Other Implemented: ORS 659.830, 743B.470, ORS 409.050, 411.060, 411.070, 411.404, 411.816, 412.049, 413.085, 414.619 & ORS 409.010
SSP 17-2023, amend filed 06/14/2023, effective 07/01/2023
SSP 15-2019, amend filed 06/11/2019, effective 07/01/2019
SSP 8-2019, amend filed 03/13/2019, effective 04/01/2019
SSP 14-2017, f. 6-5-17, cert. ef. 7-1-17
SSP 25-2015, f. 9-29-15, cert. ef. 10-1-15
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 10-2007, f. & cert. ef. 10-1-07
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06
AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0455 Program of Initial Resettlement (PIR), Reception and Placement (R&P) and Welcome Corps Grants

(1) A Reception and Placement (R&P) grant is a payment made by the United States Department of State through a national refugee resettlement agency to a local resettlement agency, refugee sponsor, or refugee. An R&P grant is provided to the resettlement agency to help with the costs of initial resettlement of a refugee in the United States. The resettlement agency provides a part of this grant to the refugee, usually in the refugee's first three months after arrival, for the refugee's initial resettlement needs and not for ongoing living expenses.

(2) The Welcome Corps is an equivalent program to R&P. A Welcome Corps grant is money raised by a private sponsor group on behalf of a refugee. A Welcome Corps grant is used to help with the costs of initial resettlement of a refugee in the United States. The private sponsor group provides a part of this grant to the refugee, usually in the refugee's first three months after arrival, for the refugee's initial resettlement needs and not for ongoing living expenses.

(3) Program of Initial Resettlement (PIR) is an equivalent program of R&P. PIR replaced R&P on January 1, 2026. A PIR grant is a payment made by the Office of Refugee Resettlement (ORR) through a national refugee resettlement agency to a local resettlement agency, refugee sponsor, or refugee. A PIR grant is provided to the resettlement agency to help with the costs of initial resettlement of a refugee in the United States. The resettlement agency provides a part of this grant to the refugee, usually in the refugee's first three months after arrival, for the refugee's initial resettlement needs and not for ongoing living expenses.

(4) In the Refugee Assistance (REF), Refugee Assistance Medical (REFM), and Temporary Assistance for Needy Families (TANF) programs, an R&P, PIR or Welcome Corps grant is excluded from consideration as income or a resource for purposes of determining program eligibility or benefit levels, except as provided in OAR 461-140-0070.

(5) In the Supplemental Nutrition Assistance Program (SNAP), any amount paid directly to a SNAP household from an R&P, PIR or Welcome Corps grant is counted as unearned income. For an in-kind payment made directly to a provider by the resettlement agency, see OAR 461-145-0280.

(6) For Medicare Savings Programs (see OAR 461-001-0000) and Oregon Supplemental Income Program Medical (OSIPM), an R&P, PIR or Welcome Corps grant determined to be available to the refugee is considered unearned income.

History

Statutory/Other Authority: ORS 411.060, 411.116, 411.404, 411.816 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.116, 411.404, 411.816, 412.049, 411.070, 412.006 & 45 CFR 400
SSP 30-2026, amend filed 07/06/2026, effective 07/06/2026
SSP 16-2026, temporary amend filed 02/20/2026, effective 02/20/2026 through 08/18/2026
SSP 30-2024, amend filed 03/26/2024, effective 04/01/2024
SSP 17-2023, amend filed 06/14/2023, effective 07/01/2023
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 5-2009, f. & cert. ef. 4-1-09
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
AFS 13-2002, f. & cert. ef. 10-1-02
AFS 6-2001, f. 3-30-01, cert. ef. 4-1-01
AFS 1-2001(Temp), f. & cert. ef. 1-30-01 thru 3-31-01

Or. Admin. R. 461-145-0460 Sale of a Resource

(1) In the QMB-BAS, QMB-SMB, and QMB-SMF programs, for the sale of a resource (including a home):

(a) The interest portion of proceeds is counted as unearned income.

(b) The principal portion of proceeds is excluded as income.

(2) In the OSIPM, and QMB-DW programs:

(a) The principal portion of proceeds from the sale of a resource (other than a home) received on a monthly or other periodic basis is counted as a resource.

(b) The principal portion of proceeds from the sale of a resource (other than a home) received on a lump-sum basis are treated as follows:

(A) If the proceeds are from the sale of an excluded resource, the amount reinvested in another excluded resource is excluded, and the remainder is counted as a resource.

(B) Proceeds from all other sales are counted as a resource.

(c) The interest portion of proceeds from the sale of a resource (other than a home) received on a monthly, other periodic, or lump-sum basis is counted as unearned income.

(d) Proceeds from the sale of a home of the financial group (see OAR 461-110-0530) are treated as follows:

(A) Principal payments, including lump-sum payments, are excluded for three full calendar months from the date of receipt if the financial group intends to use the proceeds to buy another home or for associated costs including:

(i) Down payments.

(ii) Settlement costs.

(iii) Loan processing fees and points.

(iv) Moving expenses.

(v) Necessary repairs to or replacement of the new home's structure or fixtures (including roof, furnace, plumbing, built-in appliances) that are identified and documented prior to occupancy.

(vi) Mortgage payments.

(B) For the purposes of paragraph (A) of this subsection, funds obligated by contract during these three full calendar months are also excluded.

(e) For individuals eligible for OSIPM under OAR 461-135-0771, the proceeds from the sale of the home of the financial group , if the financial group intends to use them to buy another home (paragraphs (d)(A) and (d)(B) of this section set out the scope of use of excluded proceeds), are treated as follows:

(A) Principal payments, including lump-sum payments, are excluded for 12 full calendar months from the date of receipt.

(B) Interest payments are counted as unearned income.

(f) Proceeds from the sale of a home that are not reinvested in another home are treated as follows:

(A) Principal payments are counted as a resource.

(B) Interest payments are treated as unearned income.

(3) In the REF, REFM, and TANF programs:

(a) Proceeds from the sale of an excluded resource to the extent reinvested in another excluded resource are excluded as income and as a resource.

(b) All proceeds from the sale of the resource are counted as unearned income, unless excluded in subsection (a) of this section.

(4) In the SNAP program, proceeds from the sale of a resource are treated as follows:

(a) Proceeds from the sale of a resource (other than a home):

(A) Received on a monthly or other periodic basis are counted as unearned income.

(B) Received on a lump-sum basis:

(i) From the sale of an excluded resource, the amount reinvested in another excluded resource is excluded, and the remainder is counted as a resource.

(ii) From all other sales are counted as a resource.

(iii) If the proceeds put the benefit group (see OAR 461-110-0750) over the resource limit, the proceeds are counted as periodic or lump sum income (see OAR 461-140-0110 and 461-140-0120).

(b) Proceeds from the sale of the home of the financial group (see OAR 461-110-0530):

(A) If the financial group intends to use the proceeds to buy another home, are excluded for three months and counted as a resource thereafter.

(B) If not reinvested in another home, are treated as a resource.

(c) Proceeds from the sale of a work-related asset including equipment and inventory, if the individual is self-employed, the proceeds of the sale are treated as self-employment income (see OAR 461-145-0910).

(5) Costs of the type excluded under OAR 461-145-0920 are subtracted from proceeds counted as income under this rule.

History

Statutory/Other Authority: ORS 409.050, 410.070, 411.060, 411.070, 411.083, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.619
Statutes/Other Implemented: ORS 409.050, 410.070, 411.060, 411.070, 411.083, 411.404, 411.816, 412.014, 412.049, 413.085, 414.619, ORS 409.010, 410.010, 410.080 & 414.117
SSP 17-2023, amend filed 06/14/2023, effective 07/01/2023
SSP 14-2017, f. 6-5-17, cert. ef. 7-1-17
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 35-2015, f. 12-23-15, cert. ef. 1-1-16
SSP 24-2014, f. & cert. ef. 10-1-14
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 30-2012, f. 9-28-12, cert. ef. 10-1-12
SSP 5-2009, f. & cert. ef. 4-1-09
SSP 10-2007, f. & cert. ef. 10-1-07
SSP 16-2003, f. & cert. ef. 7-1-03
AFS 5-2002, f. & cert. ef. 4-1-02
AFS 9-2001, f. & cert. ef. 6-1-01
AFS 9-1997, f. & cert. ef. 7-1-97
AFS 21-1995, f. 9-20-95, cert. ef. 10-1-95
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0470 Shelter-in-Kind Income

(1) Except as provided in section (2) of this rule:

(a) In the GA program, for the purposes of determining the housing assistance payment (see OAR 461-160-0500), shelter-in-kind in the form of rent or other housing costs paid by a third party is counted as income.

(b) In the REF, REFM, and TANF programs, except for child support (see OAR 461-145-0080 and 461-145-0280), shelter-in-kind payments are excluded.

(c) In the SNAP program, shelter-in-kind housing and utility payments are excluded (see OAR 461-145-0130 about exclusion of earned in-kind income), except an expenditure by a business entity for shelter costs (see OAR 461-001-0000) of a principal (see OAR 461-145-0088) is counted as income.

(d) In the OSIP, OSIPM, and QMB programs:

(A) Unearned shelter-in-kind , including payments made to a third party for shelter expenses of the financial group (see OAR 461-110-0530), is excluded.

(B) Earned shelter-in-kind income is treated as follows:

(i) If shelter is provided on the employer’s business premises, living at that location is a reasonable expectation of the job duties, and acceptance of the shelter is a condition of employment with no option to accept the value of the shelter in money , the shelter-in-kind income is excluded.

(ii) Except as provided in subparagraph (i) of this paragraph, the fair market value (see OAR 461-001-0000) of the shelter or the amount of any payment made to a third party for shelter expenses of the financial group is counted as earned income.

(2) In all programs except the OSIP, OSIPM, and QMB programs, a payment for which there is a legal obligation to pay to a member of the financial group (see OAR 461-110-0530) that is made to a third party for shelter expenses of a member of the financial group is counted as unearned income.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.083, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.619
Statutes/Other Implemented: 411.060, 411.083, 411.404, 411.816, 412.014, 412.049, 413.085, 414.619, ORS 409.010 & 411.404
SSP 17-2023, amend filed 06/14/2023, effective 07/01/2023
SSP 28-2018, amend filed 09/06/2018, effective 10/01/2018
SSP 22-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 33-2017, amend filed 12/08/2017, effective 01/01/2018
SSP 20-2017, f. 8-11-17, cert. ef. 9-1-17
SSP 11-2017(Temp), f. 3-28-17, cert. ef. 4-1-17 thru 9-27-17
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 23-2008, f. & cert. ef. 10-1-08
SSP 8-2008, f. & cert. ef. 4-1-08
SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
AFS 13-2002, f. & cert. ef. 10-1-02
AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00
AFS 9-1997, f. & cert. ef. 7-1-97
AFS 13-1995, f. 6-29-95, cert. ef. 7-1-95
AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94
AFS 13-1994, f. & cert. ef. 7-1-94
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91
AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0490 Social Security Benefits

Except for Supplemental Security Income (SSI) (see OAR 461-145-0510) and death benefits remaining after burial costs (see OAR 461-145-0500), Social Security benefits are treated as follows:

(1) Monthly payments are counted as unearned income.

(2) Except as provided in sections (3) and (4) of this rule, all payments other than monthly payments are counted as periodic or lump-sum income (see OAR 461-140-0110 and 461-140-0120).

(3) In the REF, REFM, SNAP, TA-DVS, and TANF programs, the representative payee fee paid by an individual who is required by the Social Security Administration to receive payments through a representative payee is excluded. The amount of the exclusion is limited to the amount authorized by the Social Security Administration.

(4) In the OSIP, OSIPM, and all QMB programs:

(a) For the purposes of this section, a payment is retroactive if it is issued in any month after the calendar month for which it is intended.

(b) Retroactive payments are counted as unearned income in the month of receipt except as provided in subsection (c) of this section.

(c) When retroactive payments are made through the representative payee of an individual who is required to have a representative payee because of a drug or alcohol use disorder, the retroactive payments may be required to be made in installments. If the payments are made in installments, the total of the benefits to be paid in installments is considered unearned income in the month in which the first installment is made.

(d) Except in the QMB-BAS, QMB-SMB, and QMB-SMF programs, any remaining amount from a retroactive payment after the month of receipt is excluded as a resource for nine calendar months following the month in which the payment is received. After the nine-month period, any remaining amount is a countable (see OAR 461-001-0000) resource.

History

Statutory/Other Authority: ORS 409.050, 410.070, 411.060, 411.070, 411.083, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.619
Statutes/Other Implemented: ORS 409.050, 410.070, 411.060, 411.070, 411.083, 411.404, 411.816, 412.014, 412.049, 413.085, 414.619, ORS 409.010 & 414.117
SSP 17-2023, amend filed 06/14/2023, effective 07/01/2023
SSP 35-2022, amend filed 04/28/2022, effective 05/01/2022
SSP 75-2021, temporary amend filed 12/16/2021, effective 12/16/2021 through 06/13/2022
SSP 28-2018, amend filed 09/06/2018, effective 10/01/2018
SSP 35-2015, f. 12-23-15, cert. ef. 1-1-16
SSP 23-2008, f. & cert. ef. 10-1-08
SSP 17-2008, f. & cert. ef. 7-1-08
SSP 8-2008, f. & cert. ef. 4-1-08
SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97
AFS 39-1996(Temp), f. 11-27-96, cert. ef. 12-1-96
AFS 22-1995, f. 9-20-95, cert. ef. 10-1-95
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0500 Social Secuirty Death Benefit

Money remaining from Social Security death benefits after the payment of burial costs is treated as lump-sum income (see OAR 461-140-0120).

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.816, 414.042 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.070, 411.700, 411.816, 414.042 & 412.049
SSP 8-2008, f. & cert. ef. 4-1-08
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0505 Spousal Support

(1) In the OSIP, OSIPM, and QMB programs, spousal support (see OAR 461-001-0000) is counted as unearned income.

(2) In the SNAP program:

(a) Payments made by the separated or divorced spouse to a third party for the benefit of the financial group are excluded, except that a payment for which there is a legal obligation to pay to a member of the financial group that is made to a third party for shelter expenses of a member of the financial group is counted as unearned income.

(b) Spousal support is counted as unearned income.

(3) In the REF, REFM, and TANF programs:

(a) For individuals not working under a TANF JOBS Plus agreement, if the spousal support is received by the Department or Department of Justice and if continued receipt of the spousal support is reasonably anticipated, the spousal support is --

(A) Counted as unearned income when determining eligibility; and

(B) Excluded when determining the REF and TANF benefit amount.

(b) For individuals working under a TANF JOBS Plus agreement:

(A) Spousal support is excluded in determining countable income.

(B) Spousal support is excluded when calculating the TANF portion of the benefit equivalency standards.

(c) Other spousal support payments (not covered under subsections (a) or (b) of this section) are counted as unearned income.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.404, 411.816 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.070, 411.404, 411.816, 412.049 & 411.083
SSP 17-2023, amend filed 06/14/2023, effective 07/01/2023
SSP 10-2017, f. 3-24-17, cert. ef. 4-1-17
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 8-2008, f. & cert. ef. 4-1-08
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
AFS 9-1997, f. & cert. ef. 7-1-97
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 29-1994, f. 12-29-94, cert. ef. 1-1-95
AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 8-1992, f. & cert. ef. 4-1-92

Or. Admin. R. 461-145-0510 Supplemental Security Income (SSI)

(1) In the REF, REFM, SNAP, TA-DVS, and TANF programs, if an individual is required by law to receive a Supplemental Security Income (SSI) benefit through a representative payee, the representative's fee is excluded.

(2) In the OSIP, OSIPM, and QMB-DW programs:

(a) A retroactive SSI payment is excluded as a resource for nine months after the month of receipt. After the nine-month period, any remaining amount is a countable (see OAR 461-001-0000) resource. For the purposes of this section, a payment is retroactive if it is issued in any month after the calendar month for which it is intended.

(b) All SSI payments received by members of the financial group (see OAR 461-110-0530) are counted as unearned income in the month received.

(3) In the QMB-BAS, QMB-SMB, and QMB-SMF programs, all SSI payments received by members of the financial group are counted as unearned income in the month received.

(4) In the REF, REFM, and TANF programs:

(a) SSI monthly and lump-sum payments are excluded if the recipient will be removed from the financial group (see OAR 461-110-0530) the month following receipt of the payment.

(b) An SSI lump-sum payment is excluded in the month received and the next month.

(5) In the SNAP program:

(a) A monthly SSI payment is counted as unearned income.

(b) A lump-sum SSI payment is excluded.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.083, 411.404, 411.816, 412.049, 413.085 & 414.619
Statutes/Other Implemented: 409.010, 411.060, 411.070, 411.083, 411.404, 411.816, 412.049, 413.085, 414.619 & 414.117
SSP 17-2023, amend filed 06/14/2023, effective 07/01/2023
SSP 35-2022, amend filed 04/28/2022, effective 05/01/2022
SSP 75-2021, temporary amend filed 12/16/2021, effective 12/16/2021 through 06/13/2022
SSP 28-2018, amend filed 09/06/2018, effective 10/01/2018
SSP 14-2017, f. 6-5-17, cert. ef. 7-1-17
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 35-2015, f. 12-23-15, cert. ef. 1-1-16
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 17-2008, f. & cert. ef. 7-1-08
SSP 10-2007, f. & cert. ef. 10-1-07
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
AFS 19-2001, f. 8-31-01, cert. ef. 9-1-01
AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97
AFS 39-1996(Temp), f. 11-27-96, cert. ef. 12-1-96
AFS 22-1995, f. 9-20-95, cert. ef. 10-1-95
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0520 Stocks, Bonds and Other Securities

(1) Except as provided in sections (2) and (3) of this rule, the equity value (see OAR 461-001-0000) of mutual funds, and securities, including stocks, bonds, educational savings bonds, and certificates of deposit (CDs), is counted as a resource.

(2) In the OSIPM and QMB-DW programs, the value of a savings bond issued by the United States Department of the Treasury is excluded during the minimum retention period.

(3) In all programs except the OSIPM and QMB-DW programs, the value of a savings bond issued by the United States Department of the Treasury is excluded during the minimum retention period if the owner has received a denial of a request for a hardship waiver based on financial need.

(4) Interest and dividends on items covered by section (1) of this rule are treated as provided in OAR 461-145-0108.

History

Statutory/Other Authority: ORS 329A.500, 409.050, 411.060, 411.070, 411.404, 411.706, 411.816, 412.014, 412.049, 413.085 & 414.685
Statutes/Other Implemented: ORS 329A.500, 409.010, 411.060, 411.070, 411.404, 411.706, 411.816, 412.014, 412.049, 413.085 & 414.685
SSP 14-2017, f. 6-5-17, cert. ef. 7-1-17
SSP 8-2008, f. & cert. ef. 4-1-08
SSP 4-2005, f. & cert. ef. 4-1-05
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0525 Strikers’ Benefits

Strikers’ benefits are payments made to strikers by their union, whether or not based on the striker’s participation in picketing. Treat these payments as follows:

(1) For all programs except SNAP, count as unearned income.

(2) For SNAP, exclude these payments, unless the striker’s current income is higher than their pre-strike income. If so, count as unearned income.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.620, 411.630, 411.632, 411.635, 411.630 & 411.816
Statutes/Other Implemented: ORS 411.700 & 411.816
AFS 29-1994, f. 12-29-94, cert. ef. 1-1-95

Or. Admin. R. 461-145-0530 Tax Refund

(1) In all programs except the QMB-BAS, QMB-SMB, and QMB-SMF programs:

(a) If received on or after January 1, 2010, federal income tax refunds are excluded from income and resources in the month of receipt and then for 12 full months starting with the month following the month of receipt of the refund or payment. All funds remaining after the 12-month period are counted as a resource.

(b) If received before January 1, 2010, federal income tax refunds are counted as a resource.

(2) In the QMB-BAS, QMB-SMB, and QMB-SMF programs, federal income tax refunds are excluded as income and as a resource.

(3) State tax refunds and property tax refunds, including Elderly Rental Assistance (ERA) --

(a) In all programs except the OSIP, OSIPM, and QMB programs, are considered lump-sum income (see OAR 461-001-0000) in the month received, and counted as a resource in the month after the month of receipt.

(b) In the OSIP, OSIPM, and QMB-DW programs, are excluded as income in the month received. All funds remaining after the month of receipt are counted as a resource.

(4) The treatment of federal and state Earned Income Tax Credit payments is covered by OAR 461-145-0140.

History

Statutory/Other Authority: ORS 329A.500, 409.050, 411.060, 411.070, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.685
Statutes/Other Implemented: ORS 329A.500, 409.010, 411.060, 411.070, 411.404, 411.816, 412.014 & 412.049
SSP 28-2018, amend filed 09/06/2018, effective 10/01/2018
SSP 8-2017, f. 3-17-17, cert. ef. 4-1-17
SSP 12-2015, f. 3-16-15, cert. ef. 4-1-15
SSP 17-2011, f. & cert. ef. 7-1-11
SSP 4-2011(Temp), f. & cert. ef. 2-4-11 thru 8-3-11
Reverted to SSP 8-2008, f. & cert. ef. 4-1-08
SSP 9-2008(Temp), f. & cert. ef. 4-1-08 thru 9-26-08
SSP 8-2008, f. & cert. ef. 4-1-08
SSP 6-2004, f. & cert. ef. 4-1-04
SSP 29-2003(Temp), f. 10-31-03, cert. ef. 11-1-03 thru 3-31-04
AFS 8-1992, f. & cert. ef. 4-1-92
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0540 Trusts

(1) This section applies to all trust funds (see OAR 461-001-0000) in the Refugee Assistance (REF), Refugee Assistance Medical (REFM), Supplemental Nutrition Assistance Program (SNAP), and Temporary Assistance for Needy Families (TANF) programs. It also applies in the Oregon Supplemental Income Program (OSIP), Oregon Supplemental Income Program Medical (OSIPM), and Qualified Medicare Beneficiaries-Disabled Worker (QMB-DW) programs for trust funds established before October 1, 1993:

(a) Trust funds are counted as a resource if the fund is legally available for use by a member of the financial group (see OAR 461-110-0530) for items covered by program benefits.

(b) Trust funds are excluded if the fund is not available for use by a member of the financial group . The financial group must try to remove legal restrictions on the trust, unless that would cause an expense to the group.

(c) The part of the fund available for use for medical expenses covered by the medical program for which the financial group is eligible is counted.

(d) In the OSIP, OSIPM, and QMB-DW programs, the amount of the trust that is considered legally available is the maximum amount that could be distributed to the beneficiary under the terms of the trust, regardless of whether the trustee exercises his or her authority to actually make a distribution; and a revocable trust is available as a resource, in the maximum amount that could be distributed in the event of revocation.

(2) In the OSIP, OSIPM, and QMB-DW programs, trust funds established on or after October 1, 1993, are treated in accordance with sections (4) to (10) of this rule.

(3) In the Qualified Medicare Beneficiaries-Basic (QMB-BAS), Qualified Medicare Beneficiaries-Specified Low Income Medicare Beneficiaries (QMB-SMB), and Qualified Medicare Beneficiaries-Qualified Individuals (QMB-SMF) programs:

(a) All trust funds are excluded as a resource.

(b) A payment made from the trust to or for the benefit of the individual is counted as unearned income.

(4) A trust is considered established if the financial group used their resources to form all or part of the trust and if any of the following established a trust, other than by a will:

(a) The individual.

(b) The individual's spouse.

(c) Any other person, including a court or administrative body, with legal authority to act in place of or on behalf of the individual or the individual's spouse.

(d) Any other person, including a court or administrative body, acting at the direction or upon the request of the individual or the individual's spouse.

(5) If the trust contains resources or income of another person, only the share attributable to the individual is considered available.

(6) Except as provided in section (9) of this rule, the following factors are ignored when determining how to treat a trust:

(a) The purpose for which the trust was established.

(b) Whether or not the trustees have or exercise any discretion under the trust.

(d) Any restrictions on the use of distributions from the trust.

(7) If the trust is revocable, it is treated as follows:

(a) In the OSIP, OSIPM, and QMB-DW programs:

(A) The total value of the trust is considered a resource available to the individual.

(B) A payment made from the trust to or for the benefit of the individual is excluded as income.

(b) In the REF, REFM, SNAP, and TANF programs:

(A) The total value of the trust is considered a resource available to the individual.

(B) A payment made from the trust to or for the benefit of the individual is considered unearned income.

(c) A payment from the trust other than to or for the benefit of the individual is considered a transfer of assets covered by OAR 461-140-0210 and following.

(8) If the trust is irrevocable, it is treated as follows:

(a) If, under any circumstances, the funds transferred into the trust are unavailable to the individual and the trustee has no discretion to distribute the funds to or for the benefit of the individual, the individual is subject to a transfer-of-resources penalty as provided in OAR 461-140-0210 and following.

(b) If, under any circumstances, payments could be made to or on behalf of the individual, the share of the trust from which the payment could be made is considered a resource. A payment from the trust other than one to or for the benefit of the individual is considered a transfer of assets that may be covered by OAR 461-140-0210.

(c) If, under any circumstances, income is generated by the trust and could be paid to the individual, the income is unearned income. Payments made for any reason other than to or for the benefit of the individual are considered a transfer of assets subject to disqualification per OAR 461-140-0210.

(d) If any change in circumstance makes assets (income or resources) from the trust unavailable to the individual, the change is a disqualifying transfer as of the date of the change.

(9) Notwithstanding the provisions in sections (1), (2), and (4) to (8) of this rule, the following trusts are not considered in determining eligibility (see OAR 461-001-0000) for OSIPM and QMB-DW:

(a) A trust containing the assets of an individual determined to have a disability that meets the Supplemental Security Income (SSI) criteria, if all of the following are met:

(A) The trust was created before the individual reached age 65;

(B) The state will receive all funds remaining in the trust upon the death of the individual, up to the amount of medical assistance provided on behalf of the individual;

(C) All funding of and transfers to the trust occurred before the individual reached age 65 (if funding or transfers occur after that time, see OAR 461-140-0210 as it may constitute a disqualifying transfer of assets); and

(D) The trust was established by one of the following:

(i) The individual if the trust was established on or after December 13, 2016,

(ii) The individual's parent (see OAR 461-001-0000),

(iii) The individual's grandparent,

(iv) The individual's legal guardian or conservator, or

(v) A court.

(b) A trust established between October 1, 1993 and March 31, 1995 for the benefit of an individual meeting the requirements OAR 461-135-0745 or OAR 461-135-0750 and containing only the current and accumulated income of the individual. The accumulated amount remaining in the trust must be paid directly to the state upon the death of the individual up to the amount of medical assistance provided on behalf of the individual. The trust is the total income in excess of the income standard for OSIPM. The remaining income not deposited into the trust is available for the following deductions in the order they appear prior to applying the patient liability:

(A) Personal-needs allowance.

(B) Community spouse monthly maintenance needs allowance.

(D) Other incurred medical.

(c) A trust established on or after April 1, 1995 for the benefit of an individual meeting the requirements of OAR 461-135-0745 or 461-135-0750, whose income is above 300 percent of the full SSI standard and containing only the current and accumulated income of the individual. The accumulated amount remaining in the trust must be paid directly to the state upon the death of the individual up to the amount of medical assistance provided on behalf of the individual. The trust contains all of the individual's income. The income deposited into the trust is distributed monthly in the following order with excess amounts treated as income to the individual subject to the rules on transfer of assets in division 140 of this chapter of rules:

(A) An earned income deduction of $65 from earned income.

(B) The deductions under the plan for self-support as allowed by OAR 461-145-0405.

(D) Reasonable administrative costs of the trust, not to exceed a total of $50 per month, including the following:

(i) Trustee fees.

(ii) A reserve for administrative fees and costs of the trust, including bank service charges, copy charges, postage, accounting and tax preparation fees, future legal expenses, and income taxes attributable to trust income.

(iii) Conservatorship and guardianship fees and costs.

(E) Community spouse and family monthly maintenance needs allowance.

(F) Medicare and other private medical insurance premiums.

(G) Other incurred medical costs as allowed under OAR 461-160-0030 and 461-160-0055.

(H) Contributions to reserves or payments for child support, alimony, and income taxes.

(I) Monthly contributions to reserves or payments for the purchase of an irrevocable burial plan with a maximum value of $5,000.

(J) Contributions to a reserve or payments for home maintenance if the individual meets the criteria of OAR 461-155-0660 or OAR 461-160-0630.

(K) Patient liability not to exceed the cost of home and community-based care (see OAR 461-001-0030) or nursing facility services.

(10) This section of the rule applies to a trust signed on or after July 1, 2006.

(a) Notwithstanding the provisions of sections (1), (2) and (4) to (8) of this rule, a trust that meets the requirements of subsection (b) of this section is not considered in determining eligibility for OSIPM and QMB-DW, except that if the individual is age 65 or older when the trust is funded or a transfer is made to the trust, the transfer may constitute a disqualifying transfer of assets under OAR 461-140-0210 and following.

(b) This section of the rule applies to a trust that meets all of the following conditions:

(A) The trust is established and managed by a non-profit association.

(B) A separate account is maintained for each beneficiary of the trust, but, for purposes of investment and management of funds, the trust pools these accounts.

(C) The trust is established by the individual, individual's parent , grandparent, or legal guardian or a court for individuals who have disabilities.

(D) Upon the death of the beneficiary or termination of the trust, the trust pays to the state an amount equal to the total medical assistance paid on behalf of the beneficiary under the State plan for Medicaid. The amount paid to the state may be reduced by administrative costs directly related to administering the sub-trust account of the beneficiary.

(E) The trust contains the resources or income of an individual who has a disability that meets the SSI criteria.

(11) In the OSIP, OSIPM, and QMB-DW programs, the provisions of this rule may be waived for an irrevocable trust if the Department determines that denial of benefits would create an undue hardship on the individual if, among other things:

(a) The absence of the services requested may result in a life-threatening situation.

(b) The individual was a victim of fraud or misrepresentation.

History

Statutory/Other Authority: 409.050, 411.060, 411.070, 411.083, 411.404, 411.816, 412.049, 413.085 & 414.619
Statutes/Other Implemented: 411.060, 411.070, 411.083, 411.404, 411.816, 412.049, 413.085, 414.619, 409.010 & 414.117
SSP 61-2024, amend filed 12/30/2024, effective 01/01/2025
SSP 17-2023, amend filed 06/14/2023, effective 07/01/2023
SSP 21-2020, amend filed 07/08/2020, effective 07/08/2020
SSP 21-2017, f. 8-11-17, cert. ef. 9-1-17
SSP 7-2017(Temp), f. & cert. ef. 3-13-17 thru 9-8-17
SSP 45-2016, f. 12-20-16, cert. ef. 1-1-17
SSP 42-2016(Temp), f. & cert. ef. 11-4-16 thru 5-2-17
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 35-2015, f. 12-23-15, cert. ef. 1-1-16
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 26-2013, f. & cert. ef. 10-1-13
SSP 17-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13
SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09
SSP 10-2007, f. & cert. ef. 10-1-07
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
SSP 16-2006(Temp), f. 12-29-06, cert. ef. 1-1-07 thru 3-31-07
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06
SSP 22-2004, f. & cert. ef. 10-1-04
SSP 16-2003, f. & cert. ef. 7-1-03
SSP 11-2003, f. & cert. ef. 5-1-03
AFS 18-2002(Temp), f. & cert. ef, 11-19-02 thru 5-18-03
AFS 5-2002, f. & cert. ef. 4-1-02
AFS 22-2001, f. & cert. ef. 10-1-01
AFS 6-2001, f. 3-30-01, cert. ef. 4-1-01
AFS 34-2000, f. 12-22-00, cert. ef. 1-1-01
AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00
AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97
AFS 21-1995, f. 9-20-95, cert. ef. 10-1-95
AFS 13-1995, f. 6-29-95, cert. ef. 7-1-95
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 13-1994, f. & cert. ef. 7-1-94
AFS 6-1994, f. & cert. ef. 4-1-94
AFS 29-1993, f. 12-30-93, cert. ef. 1-1-94
AFS 18-1993(Temp), f. & cert. ef. 10-1-93
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0550 Unemployment Compensation Benefit

In all programs covered by Chapter 461 of the Oregon Administrative Rules, unemployment compensation benefits are treated as follows:

(1) Retroactive payments are counted as periodic or lump-sum income (see OAR 461-140-0110 and 461-140-0120).

(2) Disaster Unemployment Assistance is treated as provided in OAR 461-145-0100.

(3) All payments not covered under sections (1) and (2) of this rule are counted as unearned income.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.083, 411.404, 411.816, 412.014 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.083, 411.404, 411.070, 411.816, 412.014 & 412.049
SSP 44-2016, f. 12-7-16, cert. ef. 1-1-17
SSP 5-2010, f. & cert. ef. 4-1-10
SSP 35-2009(Temp), f. & cert. ef. 11-24-09 thru 5-23-10
SSP 24-2009, f. & cert. ef. 8-31-09
SSP 3-2009(Temp), f. & cert. ef. 3-3-09 thru 8-30-09
SSP 8-2008, f. & cert. ef. 4-1-08
AFS 9-1997, f. & cert. ef. 7-1-97
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 1-1991(Temp), f. & cert. ef. 1-2-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0560 Uniform Relocation Act

Reimbursements from the Federal Uniform Relocation Assistance Act (42 U.S.C. 4621–4625) and from the Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4651–4655) are excluded.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.816, 412.014, 412.049 & 414.042
Statutes/Other Implemented: ORS 411.060, 411.070, 411.700, 411.816, 412.014, 412.049 & 414.042
SSP 17-2008, f. & cert. ef. 7-1-08
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0570 USDA Meal Reimbursement

(1) A USDA meal reimbursement (see OAR 461-001-0000) is counted as self-employment income, except for the portion excluded in accordance with section (2) of this rule.

(2) The proportionate share of a USDA meal reimbursement for a child in the filing group is excluded.

History

Statutory/Other Authority: 411.060, 411.816 & 412.049
Statutes/Other Implemented: 411.060, 411.816 & 412.049
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 4-2005, f. & cert. ef. 4-1-05
AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0580 Veterans' Benefits

(1) Veterans' benefits, other than the educational and training and rehabilitation program benefits, are treated as follows:

(a) Except as specified in sections (2), (5), and (6) of this rule, monthly payments are counted as unearned income.

(b) Other payments are counted as periodic or lump sum income (see OAR 461-140-0110 and 461-140-0120).

(2) Aid-and-attendance and housebound payments are treated as follows:

(a) For OSIP and OSIPM clients receiving long-term care or home and community-based care (see OAR 461-001-0030):

(A) Aid-and-attendance and housebound benefit payments are excluded.

(B) When calculating monthly service benefits or patient liability, the entire veterans' aid-and-attendance and housebound benefit payment is counted as unearned income.

(D) If the client receives a payment covering a previous period of eligibility, the client is required to turn over to the Department the full amount of the payment up to the cost of institutional and home and community-based care provided to the client during the months covered by the payment. A client's failure to reimburse the Department in this instance constitutes an overpayment of public assistance in accordance with OAR 461-195-0501 and 461-195-0521 and ORS 411.640 and 411.690. Any excess veterans' benefit payment made to the client is counted as lump sum or periodic income.

(b) For all other clients not covered under subsection (a) of this section:

(A) In the SNAP program, aid-and-attendance payments used to pay for an attendant are treated as a reimbursement and excluded (see OAR 461-145-0440). The remaining benefits, if any, are counted as unearned income.

(B) In the OSIPM and QMB programs, the aid-and-attendance and housebound payments are excluded. Any remaining veterans' benefits are counted as unearned income unless excluded under another rule or another section of this rule.

(C) Reimbursements paid to the client for costs and services already paid for by the Department are third-party resources and may be recovered from the client as an overpayment of public assistance pursuant to OAR 461-195-0501, 461-195-0521, and 461-195-0551. Any unrecovered third-party resource or payment above the actual cost is counted as lump-sum or periodic income (see OAR 461-140-0110 and 461-140-0120).

(3) Educational benefits from the United States Veterans Administration are treated in accordance with OAR 461-145-0150.

(4) A subsistence allowance from a training and rehabilitation program of the United States Veterans Administration is treated:

(a) In the SNAP program, as earned income (see OAR 461-145-0130).

(b) In all other programs, as unearned income.

(5) The following payments are excluded:

(a) Payments under 38 USC 1805 to biological children of Vietnam veterans who are born with spina bifida.

(b) Payments under 38 USC 1815 to children with birth defects born to female Vietnam veterans.

(6) In the OSIPM and QMB programs:

(a) Payments made as part of a Veterans Administration vocational rehabilitation are excluded.

(b) Medal of Honor pension payments are excluded.

History

Statutory/Other Authority: ORS 414.685, ORS 411.060, 411.404, 411.816, 412.014, 412.049, 329A.500 & 413.085
Statutes/Other Implemented: ORS 411.060, 411.404, 411.620, 411.640, 411.690, 411.700, 411.816, 412.014, 412.049 & 329A.500
SSP 28-2018, amend filed 09/06/2018, effective 10/01/2018
SSP 33-2017, amend filed 12/08/2017, effective 01/01/2018
SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 26-2013, f. & cert. ef. 10-1-13
SSP 17-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13
SSP 37-2012, f. 12-28-12, cert. ef. 1-1-13
SSP 26-2012(Temp), f. & cert. ef. 7-11-12 thru 1-7-13
SSP 5-2009, f. & cert. ef. 4-1-09
SSP 14-2007, f. 12-31-07, cert. ef. 1-1-08
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06
SSP 4-2005, f. & cert. ef. 4-1-05
AFS 5-2002, f. & cert. ef. 4-1-02
AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00
AFS 19-1997, f. & cert. ef. 10-1-97
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0582 Victims’ Assistance

(1) Payments to victims of Nazi persecution covered by Public Law 103 286 and payments to victims of crime under 42 U.SC. 10602 (The Crime Act of 1984) are excluded as income, and amounts retained are excluded as a resource as long as the amounts are not commingled with other funds.

(2) For other types of victims' assistance (not covered by section (1) of this rule):

(a) Payments that are considered a reimbursement (see OAR 461-001-0000) for a lost item are treated as provided in OAR 461-145-0440.

(b) Payments for pain and suffering are treated in the same manner as personal injury settlements under OAR 461-145-0400.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.816, 412.049 & 414.042
Statutes/Other Implemented: ORS 411.060, 411.070, 411.700, 411.816, 412.049 & 414.042
SSP 17-2008, f. & cert. ef. 7-1-08
SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07
AFS 16-1996, f. 4-29-96, cert. ef. 5-1-96
AFS 29-1994, f. 12-29-94, cert. ef. 1-1-95

Or. Admin. R. 461-145-0583 Virtual Currency or Cryptocurrency

(1) As used in this rule:

(a) “Cryptocurrency” is a type of currency available in virtual or digital form that functions as a medium of exchange with no central banking or regulating authority.

(b) “Day trading’ is the buying and selling of cryptocurrency within the virtual market. The cryptocurrency market continuously runs because it is a worldwide market.

(c) “Mining” is a way to receive cryptocurrency (see subsection (a) of this section) through solving a series of mathematical problems. “Mining” requires a computer, an external hardware setup, and a special computer software program. To receive cryptocurrency through “mining”, multiple people worldwide are attempting to solve a series of complicated mathematical problems via the “mining” software, and each receipt of cryptocurrency could require millions or billions of guesses at mathematical problems. The person to solve the final mathematical problem is the one to receive the cryptocurrency .

(d) “Wallet” is a way to store records of cryptocurrency transactions. Each cryptocurrency is assigned a public address, and when stored in a “wallet” the cryptocurrency is assigned a private key for protection. The cryptocurrency public address and private key are stored on a computer, mobile device, internal or external computer hardware, or a piece of paper and protected by private keys.

(2) In all programs, cryptocurrency is treated as follows:

(a) Cryptocurrency received as a payment from an employer is considered earned income (see OAR 461-145-0130).

(b) Cryptocurrency received in exchange for services or products provided may be either considered income from self-employment if the individual meets the self-employed criteria in OAR 461-145-0910(2) or OAR 461-145-0915, or considered earned income .

(c) Cryptocurrency received as a gift is treated in the same manner as a gift in the form of money (see OAR 461-145-0210).

(d) Cryptocurrency received through mining (see section (1) of this rule) is considered unearned income.

(e) Cryptocurrency received through an online casino is considered winnings (see OAR 461-145-0210).

(f) In all programs except the QMB-BAS, QMB-SMB, and QMB-SMF programs, the day trading (see section (1) of this rule) value of cryptocurrency is counted as a resource.

(A) After the month of receipt, cryptocurrency stored in a wallet (see section (1) of this rule) is counted as a resource.

(B) Cryptocurrency stored in a wallet can be converted to liquid assets and follows the availability of resources rule (see OAR 461-140-0020).

History

Statutory/Other Authority: ORS 329A.500, 409.050, 411.060, 411.070, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.685
Statutes/Other Implemented: ORS 329A.500, 409.010, 411.060, 411.070, 411.404, 411.816, 412.014 & 412.049
SSP 22-2018, adopt filed 06/05/2018, effective 07/01/2018

Or. Admin. R. 461-145-0585 Vocational Rehabilitation Payment

(1) Except as provided in section (2) of this rule:

(a) Vocational rehabilitation maintenance payments for food, shelter and clothing are counted as unearned income.

(b) In the SNAP program, a training allowance or stipend from a vocational rehabilitation program is treated as earned income. For all other programs, a training allowance or stipend is treated as unearned income.

(d) Vocational rehabilitation payments for special itemized needs connected with the evaluation, planning or placement activity are treated as a reimbursement (see OAR 461-145-0440). These payments include payments for:

(A) Child care.

(B) Clothing.

(D) Special diet.

(E) Transportation.

(2) Benefits from the United States Veterans Administration are treated as provided in OAR 461-145-0580.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.816, 414.042 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.070, 411.816, 414.042 & 412.049
SSP 8-2008, f. & cert. ef. 4-1-08
AFS 5-2002, f. & cert. ef. 4-1-02
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0590 Workers Compensation

(1) For workers compensation payments received monthly or more frequently:

(a) Except as provided in subsection (b) of this section, these payments are counted as unearned income.

(b) In the REF, REFM, SNAP, and TANF programs, income from workers compensation is counted as earned income (see OAR 461-145-0130) if paid to an individual who is still employed while recuperating from an illness or injury.

(2) All workers compensation payments other than those in section (1) are counted as periodic or lump sum income (see OAR 461-140-0110 and 461-140-0120).

History

Statutory/Other Authority: ORS 411.060, 411.816 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.816, 412.049 & 411.083
SSP 17-2023, amend filed 06/14/2023, effective 07/01/2023
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0600 Work-Related Capital Assets, Equipment, and Inventory

(1) As used in this rule:

(a) "Inventory" means goods that are in stock and available for sale to prospective customers.

(b) "Work-related equipment" means property essential to the employment or self-employment of a financial group (see OAR 461-110-0530) member. Examples are a tradesman's tools, a farmer's machinery, and equipment used to maintain an income-producing vehicle.

(2) A capital asset (see OAR 461-001-0000), other than work-related equipment (see section (1) of this rule) and inventory (see section (1) of this rule), is treated as follows:

(a) In the SNAP program, a capital asset used in a business is excluded as follows:

(A) Non-farm assets are excluded as long as the financial group is actively engaged in self-employment activities.

(B) Farm assets are excluded until one year after the date the individual quit self-employment as a farmer.

(b) In the REF, REFM, and TANF programs, the value of a capital asset is counted according to the rules in this division of rules

(3) Work-related equipment is treated as follows:

(a) In the EA, OSIP, OSIPM, QMB-DW, and SNAP programs, the equity value of work-related equipment is excluded.

(b) In the REF, REFM, and TANF programs, the equity value of the equipment is treated as a resource.

(4) Inventory is treated as follows:

(a) In the EA, OSIP, OSIPM, QMB-DW, and SNAP programs, inventory is excluded as long as the individual is engaged in self-employment activities.

(b) In the REF, REFM, and TANF programs, the wholesale value of inventory remaining at the end of a month, less encumbrances, is counted as a resource.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.619
Statutes/Other Implemented: ORS 409.050, 411.060, 411.070, 411.404, 411.816, 412.014, 412.049, 413.085, 414.619, ORS 409.010, 414.117 & 412.072
SSP 19-2024, minor correction filed 03/18/2024, effective 03/18/2024
SSP 17-2023, amend filed 06/14/2023, effective 07/01/2023
SSP 44-2020, amend filed 12/22/2020, effective 01/01/2021
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 35-2015, f. 12-23-15, cert. ef. 1-1-16
SSP 25-2015, f. 9-29-15, cert. ef. 10-1-15
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 23-2008, f. & cert. ef. 10-1-08
SSP 10-2007, f. & cert. ef. 10-1-07
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
SSP 17-2004, f. & cert. ef. 7-1-04
SSP 23-2003, f. & cert. ef. 10-1-03
AFS 9-1999, f. & cert. ef. 7-1-99
AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97
AFS 21-1995, f. 9-20-95, cert. ef. 10-1-95
AFS 8-1992, f. & cert. ef. 4-1-92
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0810 Deemed Assets; Overview

For a sponsored noncitizen:

(1) Deemed assets are the portion of the income and resources of an individual not in the financial group (see OAR 461-110-0530) used to determine eligibility and benefit level for a sponsored noncitizen who is a member of the financial group.

(2) To be eligible for benefits, a sponsored noncitizen must provide necessary information about each individual whose assets are deemed to the sponsored noncitizen who is a member of the financial group.

(3) To determine countable assets for deeming, use the policy for the program for which the financial group is applying.

History

Statutory/Other Authority: ORS 411.060, 411.816, 412.006 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.816, 412.006 & 412.049
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0820 Deemed Assets; Noncitizen’s Sponsor

(1) An individual or organization may sponsor the admission of a noncitizen under section 204 of the Immigration and Nationality Act (8 U.S.C. 1154).

(2) An affidavit of support (USCIS Form I-864) is the agreement between the sponsor and the United States Citizenship and Immigration Services in which the sponsor agrees to provide financial support for the noncitizen so that the noncitizen will not become a public charge.

(3) In all programs except the OSIP, OSIPM, QMB, REF, and REFM programs, the countable assets of an individual sponsor and the spouse of the sponsor are considered countable assets of the noncitizen as provided in this section and OAR 461-145-0810 to 461-145-0860. The sponsor's assets are considered available to the noncitizen whether or not the sponsor lives in the same household as the noncitizen. The assets of the sponsor's spouse are considered available only when the spouse lives in the sponsor's household.

(4) OAR 461-145-0830 sets out situations in which the assets of the sponsor and the spouse of the sponsor are not counted, as well as how the income deemed available to the noncitizen is calculated.

(5) The value of the resources deemed available to each noncitizen is determined as follows:

(a) In all programs except the SNAP program, the total value of the countable resources is deemed to each sponsored noncitizen according to the rules of the program for which the noncitizen applies.

(b) In the SNAP program only, $1,500 is deducted from the value. The remaining value is divided by the number of noncitizens sponsored by the individual or couple. The result is the value of the resources deemed available to the noncitizen.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.083, 411.060, 411.070, 411.083, 411.404, 411.704, 411.706, 411.816, 412.049 & 414.025
Statutes/Other Implemented: 409.010, 411.060, 411.070, 411.083, 411.060, 411.070, 411.083, 411.404, 411.704, 411.706, 411.816, 412.049, 414.025 & 8 USC 1183a
SSP 17-2023, amend filed 06/14/2023, effective 07/01/2023
SSP 22-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 18-2010, f. & cert. ef. 7-1-10
SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09
SSP 16-2003, f. & cert. ef. 7-1-03
SSP 8-2003(Temp), f. & cert. ef. 4-1-03 thru 6-30-03
AFS 17-2000, f. 6-28-00, cert. ef. 7-1-00
AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 5-1993, f. & cert. ef. 4-1-93
AFS 2-1993(Temp), f. & cert. ef. 2-1-93
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0830 When to Deem the Assets of a Sponsor of a Noncitizen and How Income is Deemed

(1) In the OSIP, OSIPM, QMB, REF, and REFM programs, the assets (see OAR 461-001-0000) of a sponsor and the spouse (see OAR 461-001-0000) of the sponsor are not deemed to the sponsored noncitizen.

(2) In all programs except the OSIP, OSIPM, QMB, REF, and REFM programs, the assets of a sponsor and the spouse of the sponsor are considered the assets of the sponsored noncitizen, and are subject to deeming (see sections (3) and (4) of this rule), unless at least one of the following subsections applies:

(a) The sponsor has not signed a legally binding affidavit of support, for instance USCIS Form I-864 or I-864A.

(b) The sponsor receives SNAP, Supplemental Security Income (SSI), or TANF benefits.

(d) The sponsored noncitizen establishes indigence. A sponsored noncitizen establishes indigence if the total income of the household including in-kind income plus any cash, food, housing, or other assistance provided by other individuals including the sponsor is:

(A) In the TANF program, under the countable (see OAR 461-001-0000) income standard.

(B) In the SNAP program, under the countable income limit, set at 130 percent of the federal poverty level (see OAR 461-155-0180).

(C) Each indigence determination under this subsection is effective for 12 months and may be renewed for additional 12-month periods.

(e) The sponsored noncitizen is an abused immigrant spouse, abused immigrant child, immigrant parent of an abused child or an immigrant child of an abused parent, as long as the abused noncitizen does not live in the same household as the person responsible for the abuse.

(f) The sponsored noncitizen does not meet the noncitizen status requirement for the program for which they apply.

(g) The sponsored noncitizen becomes a naturalized citizen.

(h) The sponsored noncitizen can be credited with 40 qualifying quarters of work.

(i) The sponsored noncitizen is under 18 years of age.

(3) In all programs except the OSIP, OSIPM, QMB, REF, and REFM programs, the following process is used to determine the amount of income considered available to the noncitizen from the noncitizen's sponsor and the spouse of the sponsor. The unearned income of the sponsor and the sponsor's spouse is added to their countable earned income (see OAR 461-140-0010) minus earned income deductions.

(4) In the SNAP program when section (2) of this rule does not apply, the income of the sponsor and the spouse of the sponsor is deemed to the sponsored noncitizen and included in the gross countable income of the noncitizen. The income of the sponsor and the spouse of the sponsor goes through the following steps to determine the amount of income to deem:

(a) Step One: The gross countable unearned income of the sponsor and the spouse of the sponsor are included in the subtotal.

(b) Step Two: The gross countable earned income of the sponsor and the spouse of the sponsor receive a 20 percent earned income deduction and the result is included in the subtotal. If the earned income of the sponsor or the spouse of the sponsor is from self-employment, the gross income is allowed deductions under OAR 461-145-0920 and OAR 161-145-0930 to determine the countable earned income amount.

(c) Step Three: The subtotal receives a deduction equal to the countable income limit under OAR 461-155-0190, which is set at 130 percent of the federal poverty level, for the need group (see OAR 461-110-0630) size of the sponsor. The need group size of the sponsor is determined by including the sponsor, the spouse of the sponsor, and any dependents that are claimed on federal taxes by the sponsor. The sponsored noncitizen and the members of the sponsored noncitizen’s filing group (see OAR 461-110-0310 and OAR 461-110-0370) are not included when determining the need group size of the sponsor.

(d) Step Four: The remaining amount is divided evenly between all noncitizens sponsored by the sponsor or the spouse of the sponsor and any citizen child (see OAR 461-001-0000) or sponsored noncitizen child in the filing group of the sponsored noncitizen. The result is the income portion for each individual.

(e) Step Five: The income portion of each adult (OAR 461-001-0015) sponsored noncitizen in the filing group is deemed to the sponsored noncitizen and included in their countable income.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.083, 409.010, 411.404, 411.704, 411.816, 413.085, 414.025, 414.619 & 409.050
Statutes/Other Implemented: ORS 411.060, 411.070, 411.083, 409.010, 411.404, 411.704, 411.816, 412.049, 414.025, 8 USC 1183a, 7 CFR 273.9 & 7 CFR 273.4
SSP 17-2023, amend filed 06/14/2023, effective 07/01/2023
SSP 10-2022, minor correction filed 02/16/2022, effective 02/16/2022
SSP 20-2019, amend filed 09/19/2019, effective 10/01/2019
SSP 22-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 18-2010, f. & cert. ef. 7-1-10
SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09
SSP 23-2003, f. & cert. ef. 10-1-03
SSP 16-2003, f. & cert. ef. 7-1-03
SSP 8-2003(Temp), f. & cert. ef. 4-1-03 thru 6-30-03
AFS 17-2000, f. 6-28-00, cert. ef. 7-1-00
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 5-1993, f. & cert. ef. 4-1-93
AFS 2-1993(Temp), f. & cert. ef. 2-1-93
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0860 Deemed Assets, Parent of Minor Parent; TANF

In the TANF program, the assets of the parents of a minor parent are deemed as follows if they are living together and the minor parent is under age 18, has never married, and is not legally emancipated.

(1) The resources of the parents of the minor parent are excluded.

(2) The income of the parents is deemed to the minor parent when the minor parent and the minor's children live with the minor's parents.

(3) The income of the parents of a pregnant minor is deemed to the minor when the minor lives with the parents.

(4) Deemed income is considered available to the minor parent and the parent's dependent child, or to the pregnant minor, even if it is not received.

(5) The amount of the deemed income of the parents is determined as follows:

(a) A $90 earned income deduction is allowed.

(b) The needs of the parents and the parents' dependents, living in the same household and not included in the benefit group, are deducted at the TANF Payment Standard.

(d) Payments of alimony or child support are deducted.

(e) Any remaining income is countable deemed income.

History

Statutory/Other Authority: ORS 411.060 & 412.049
Statutes/Other Implemented: ORS 411.060 & 412.049
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 17-2004, f. & cert. ef. 7-1-04
AFS 9-1997, f. & cert. ef. 7-1-97
AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0910 Self-Employment; General; Not OSIPM or QMB

(1) Self-employment income is income resulting from an individual's business, trade, or profession, rather than from a salary or wage paid by an employer. An individual is considered self-employed if the individual meets the criteria in sections (2) or (3) of this rule. Except as noted in section (3) of this rule when an individual has established a corporation, determine if the individual is self-employed according to section (2) of this rule. If the individual has more than one self-employment business, trade, or profession, the income from each is determined separately.

(2) Except as provided in OAR 461-145-0250(1), an individual is self-employed for the purposes of this division of rules if the individual meets the requirements of one or more of (a), (b), or (c):

(a) Files taxes as self-employed for their business on their personal taxes.

(b) Is considered an independent contractor by the business.

(A) Is not required by the business to complete an IRS W-4 form;

(B) Is not required to pay federal income tax or FICA payments from their paycheck(s);

(D) Meets at least one of the following:

(i) Creates or provides the products or services they sell, or

(ii) Sets the price for the products or services they sell;

(E) Is responsible for the business expense and losses; and

(F) Receives profits from the business, or could receive profits from the business but the business is not making a profit.

(3) Notwithstanding section (2) of this rule:

(a) Homecare Workers (see OAR 411-031-0020) paid by the Department are not self-employed.

(b) Providers considered an employee of an Aging and People with Disabilities, Office of Developmental Disabilities Services, or Oregon Health Authority benefit recipient, such as Independent Choices Program (see OAR 411-030-0100) providers, Personal Support Workers (see OAR 411-375-0000), and Personal Care Attendants (see OAR 410-172-0776) are not self-employed.

(A) The following individuals are considered self-employed:

(i) Child care providers for the ERDC program,

(ii) Adult foster home providers (see OAR 411-050-0602) paid by the Department, and

(iii) Realty agents.

(B) The following income types are considered self-employment:

(i) Selling plasma,

(ii) Redeeming beverage containers,

(iii) Foraging items to sell (mushrooms for example), and

(iv) Similar enterprises.

(4) In the REF, SNAP, and TANF programs, self-employment income is counted prospectively to determine eligibility (see OAR 461-001-0000) as follows:

(a) Self-employment income is annualized when it is:

(A) Received during less than a 12-month period but is intended as a full year's income.

(B) From a business that has operated for a full year and the previous year is representative of what the income and costs will be during the budget month.

(b) Self-employment income is treated as anticipated income when a financial group (see OAR 461-110-0530) begins self-employment and is unable to determine what the income and costs will be during the budget month.

(5) In the REFM program:

(a) Self-employment income is counted only if received in the month of application.

(b) If self-employment income counted in the month of application puts the applicant over the income limits for REFM, the income is calculated according to section (4) of this rule.

(6) When determining the amount of countable (see OAR 461-001-0000) self-employment income, use gross receipts and sales, including mileage reimbursements, before costs.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.816, 412.006, 412.049, 413.085 & 414.619
Statutes/Other Implemented: ORS 409.050, 411.060, 411.070, 411.404, 411.816, 412.006, 412.049, 413.085, 414.619 & ORS 409.010
SSP 47-2023, amend filed 09/25/2023, effective 10/01/2023
SSP 17-2023, amend filed 06/14/2023, effective 07/01/2023
SSP 7-2022, amend filed 02/03/2022, effective 02/18/2022
SSP 51-2021, temporary amend filed 09/30/2021, effective 10/01/2021 through 03/27/2022
SSP 49-2021, amend filed 09/23/2021, effective 10/01/2021
SSP 44-2020, amend filed 12/22/2020, effective 01/01/2021
SSP 22-2020, amend filed 07/08/2020, effective 07/08/2020
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 36-2015, f. 12-23-15, cert. ef. 1-1-16
SSP 29-2015(Temp), f. & cert. ef. 10-1-15 thru 3-28-16
SSP 25-2015, f. 9-29-15, cert. ef. 10-1-15
SSP 11-2015, f. 3-13-15, cert. ef. 4-1-15
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 8-2008, f. & cert. ef. 4-1-08
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
SSP 7-2005, f. & cert. ef. 7-1-05
SSP 5-2005(Temp), f. & cert. ef. 4-1-05 thru 6-30-05
SSP 4-2005, f. & cert. ef. 4-1-05
SSP 1-2005(Temp), f. & cert. ef. 2-1-05 thru 6-30-05
SSP 17-2004, f. & cert. ef. 7-1-04
AFS 2-1999, f. 3-26-99, cert. ef. 4-1-99
AFS 9-1997, f. & cert. ef. 7-1-97
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 8-1992, f. & cert. ef. 4-1-92
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0915 Self-Employment; General; OSIPM, QMB

(1) For purposes of this rule:

(a) "Business entity" includes a sole proprietorship, a partnership, and an unincorporated limited liability company.

(b) "Principal" means an individual with significant authority in a "business entity" (see subsection (a) of this section), including a sole proprietor, a general partner in a partnership, or a member or manager of an unincorporated limited liability company.

(2) Notwithstanding any other sections of this rule:

(a) Homecare workers (see OAR 411-031-0020) paid by the Department are not self-employed.

(c) Child care providers (see OAR 414-175-0080) paid by the Department, adult foster home providers (see OAR 411-050-0602) paid by the Department, realty agents, and individuals who sell plasma, redeem beverage containers, pick mushrooms for sale, or engage in similar enterprises are considered self-employed.

(d) Self-employment does not include non-business activities such as property rentals (see OAR 461-145-0252) or renting a room out of the financial group’s primary residence (see OAR 461-145-0340).

(3) Self-employment means active engagement in one's own business, trade, or profession, rather than earning a salary or wage paid by an employer or maintaining a passive ownership interest in a business entity. An individual is considered self-employed if the individual meets the criteria in subsection (2)(c) or section (5) of this rule.

(4) A principal (see subsection (1)(b) of this rule) of a corporation or incorporated limited liability company cannot be considered self-employed unless the criteria in either subsection (a) or (b) are met. All other payments for working or performing services for the corporation or holding corporate office are treated in accordance with OAR 461-145-0089 and OAR461-145-0130.

(a) The individual files taxes for the incorporated business entity as self-employed on their personal taxes, rather than as a corporation.

(b) The individual does not file taxes and meets the criteria in section (5)(c) of this rule.

(5) Except as provided in OAR 461-145-0089(3), an individual is self-employed for the purposes of this division of rules if the individual meets the requirements of one or more of (a), (b), or (c):

(a) Files taxes as self-employed for their business on their personal taxes.

(b) Is considered an independent contractor by the business.

(A) Is not required by the business to complete an IRS W-4 form.

(B) Is not required to pay federal income tax or FICA payments from their paycheck(s).

(D) Meets at least one of the following:

(i) Creates or provides the products or services they sell, or

(ii) Sets the price for the products or services they sell.

(E) Is responsible for the business expenses and losses; and

(F) Receives profits from the business, or would receive profits from the business but the business is not making a profit.

(6) For a principal or any individual with an ownership interest in a business entity who cannot be considered self-employed using the criteria in this rule:

(a) See OAR 461-145-0089 for individuals who are not actively working in the business entity to determine how to treat income and resources.

(b) For individuals who are actively working for the business entity but do not have significant authority or responsibility for its success or failure:

(A) See OAR 461-145-0130 to determine how to treat income.

(B) See OAR 461-145-0089 to determine how to treat resources.

(7) For an individual who is considered self-employed:

(a) See OAR 461-145-0920 and 461-145-0930 to determine how to treat income from self-employment.

(b) See OAR 461-145-0600 to determine how to treat resources used in self-employment.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.706, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.050, 411.060, 411.070, 411.404, 411.706, 413.085, 414.685, ORS 409.010, 411.400 & 414.839
SSP 38-2024, minor correction filed 04/25/2024, effective 04/25/2024
SSP 44-2023, amend filed 09/18/2023, effective 10/01/2023
SSP 30-2023, minor correction filed 07/18/2023, effective 07/18/2023
SSP 47-2021, amend filed 09/23/2021, effective 10/01/2021
SSP 21-2020, amend filed 07/08/2020, effective 07/08/2020
SSP 25-2015, f. 9-29-15, cert. ef. 10-1-15

Or. Admin. R. 461-145-0920 Self-Employment; Costs that are Excluded to Determine Countable Income

(1) This rule explains how to determine which costs are excluded from gross self-employment income.

(2) In all programs except the DSNAP, OSIP, OSIPM, and QMB programs, unless prohibited by section (4) of this rule, and subject to the provisions of sections (7) and (8) of this rule and OAR 461-145-0930, the necessary costs of producing self-employment income are excluded from gross sales and receipts including, but not limited to:

(a) Labor (wages paid to an employee or work contracted out).

(b) Materials used to make a product.

(c) In the SNAP program — principal and interest paid to purchase income-producing property (see OAR 461-001-0000), such as real property, equipment, or capital assets. In all other programs, interest paid to purchase income-producing property , such as equipment or capital assets.

(d) Insurance premiums, taxes, assessments, and utilities paid on income-producing property .

(e) Service, repair, and rental of business equipment, including motor vehicles, and property that is owned, leased, or rented.

(f) Advertisement and business supplies.

(g) Licenses, permits, legal, or professional fees.

(h) Transportation costs at 20 cents per mile, if the cost is part of the business expense. Commuting expenses to and from the worksite are not part of the business expense.

(i) Charges for telephone service that are a necessary cost for self-employment.

(j) Meals and snacks provided by family day care providers for children in their care, except the provider's own children. The actual cost of the meals is used if the provider can document the cost. If the provider cannot document the actual cost, the USDA meal reimbursement rates are used.

(k) Materials purchased for resale, such as cosmetic products.

(L) For newspaper carriers, the cost of newspapers, bags, and rubber bands.

(3) In the OSIP, OSIPM, and QMB programs, unless prohibited by section (5) of this rule, and subject to the provisions of sections (7) and (8) of this rule and OAR 461-145-0930, the necessary costs of producing self-employment income are excluded from gross sales and receipts including, but not limited to:

(a) Advertising.

(b) Car and truck expenses.

(d) Contract labor.

(e) Depletion.

(f) Depreciation.

(g) Employee benefit programs.

(h) Insurance, other than health.

(i) Mortgage interest.

(j) Legal and professional services.

(k) Office expenses.

(L) Pension and profit-sharing plans.

(m) Rent or lease of vehicles, machinery, equipment, and other business property.

(n) Repairs and maintenance.

(o) Supplies.

(p) Taxes and licenses.

(q) Travel, meals, and entertainment.

(r) Utilities.

(s) Wages, less employment credits.

(t) Meals and snacks provided by family day care providers for children in their care, except the provider's own children. The actual cost of the meals is used if the provider is able to document the cost. If the provider is unable to document the actual cost, the USDA meal reimbursement rates are used.

(u) Materials purchased for resale, such as cosmetic products.

(v) For newspaper carriers, the cost of newspapers, bags, and rubber bands.

(4) In all programs except the OSIP, OSIPM, and QMB programs, the following costs are not excluded from gross sales and receipts:

(a) Business losses from previous months.

(b) Except in the SNAP program, payments on the principal of the purchase price of income-producing real estate and capital assets, equipment, machinery, and other durable goods.

(c) Federal, state, and local income taxes, draws or salaries paid to any financial group member, money set aside for personal retirement, and other work-related personal expenses, such as transportation, personal business, and entertainment expenses.

(d) Depreciation. For purposes of this section, "depreciation" means a prorated lessening of value assigned to a capital asset (see OAR 461-001-0000) based on its useful life expectancy and initial cost.

(e) Costs related to traveling to another area to seek business when there is no reasonable possibility of deriving income from the trip.

(f) Interest or fees on personal credit cards.

(g) Personal telephone charges.

(h) Shelter or utility costs associated with the individual's home, except as authorized by section (7) of this rule.

(5) In the OSIP, OSIPM, and QMB programs, the following costs are not excluded from gross sales and receipts:

(a) Federal, state, and local income taxes.

(b) Costs related to traveling to another area to seek business when there is no reasonable possibility of deriving income from the trip.

(d) Personal telephone charges.

(e) Shelter or utility costs associated with the individual's home, except as authorized by section (7) of this rule.

(6) In the DSNAP (461-101-0010) program, self-employment costs include out of pocket disaster-related expenses the household has paid or is expected to pay during the disaster benefit period authorized by FNS and where the expenses are not expected to be reimbursed during the disaster period. If the household has received or reasonably anticipates receiving a reimbursement for part or all of the expenses during the disaster benefit period, only the net expense to the household is deductible. The necessary costs of producing self-employment income are excluded from gross sales and receipts including, but not limited to:

(a) Damage or destruction to self-employment business.

(b) Equipment and supplies.

(d) Business property protection.

(e) Storage.

(f) Clean-up.

(g) Costs paid by credit card are excluded unless the bill is also paid during the benefit period.

(h) Costs listed in (2) that are incurred during the disaster benefit period.

(7) The exclusions for items used for both business and personal purposes, such as automobiles and a residence, including utilities, are limited by the following subsections:

(a) In the OSIP, OSIPM, and QMB programs, the portion of the expense that is for business use only is excluded.

(b) In the SNAP program, costs are excluded for a separate office or shop located on the property used as a home, if the costs are billed separately from the residence. Costs for other items used for both business and personal use are excluded.

(8) If no member of the financial group (see OAR 461-110-0530) has been self-employed for a sufficiently long period to ascertain the costs of self-employment, the costs may be estimated.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.816, 412.006, 412.049, 413.085 & 414.619
Statutes/Other Implemented: ORS 409.050, 411.060, 411.070, 411.404, 411.816, 412.006, 412.049, 413.085, 414.619, ORS 409.010 & 414.117
SSP 17-2023, amend filed 06/14/2023, effective 07/01/2023
SSP 44-2020, amend filed 12/22/2020, effective 01/01/2021
SSP 22-2020, amend filed 07/08/2020, effective 07/08/2020
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 25-2015, f. 9-29-15, cert. ef. 10-1-15
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
SSP 7-2005, f. & cert. ef. 7-1-05
SSP 1-2005(Temp), f. & cert. ef. 2-1-05 thru 6-30-05
SSP 23-2003, f. & cert. ef. 10-1-03
AFS 9-2001, f. & cert. ef. 6-1-01
AFS 2-1999, f. 3-26-99, cert. ef. 4-1-99
AFS 25-1998, f. 12-28-98, cert. ef. 1-1-99
AFS 24-1998(Temp), f. 11-30-98, cert. ef. 12-1-98 thru 3-31-99
AFS 10-1998, f. 6-29-98, cert. ef. 7-1-98
AFS 8-1998, f. 4-28-98, cert. ef. 5-1-98
AFS 5-1998(Temp), f. & cert. ef. 3-11-98 thru 5-31-98
AFS 4-1998, f. 2-25-98, cert. ef. 3-1-98
AFS 9-1997, f. & cert. ef. 7-1-97
AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 1-1993, f. & cert. ef. 2-1-93
AFS 8-1992, f. & cert. ef. 4-1-92
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0930 Self-Employment; Determination of Countable Income

This rule explains how different programs exclude or deduct costs from self-employment gross sales and receipts to determine countable (OAR 461-001-0000) income from self-employment.

(1) The Department initially determines gross self-employment income, totaling gross sales and receipts, including mileage reimbursements, minus any returns and allowances. If there are costs permitted under OAR 461-145-0920, the Department allows deductions or exclusions from the gross self-employment income in accordance with this rule to determine countable (OAR 461-001-0000) income from self-employment.

(2) In the OSIP, OSIPM, and QMB programs, all costs permitted under OAR 461-145-0920 are excluded.

(3) In the REF, REFM, and TANF programs, no costs are excluded.

(4) In the SNAP program, if there are any costs permitted under OAR 461-145-0920, there is an exclusion of 50 percent of gross self-employment income.

(5) In the DSNAP program, the Department allows all actual costs permitted under OAR 461-145-0920.

History

Statutory/Other Authority: ORS 414.619, ORS 414.826, 409.050, 411.060, 411.083, 411.404, 411.706, 411.816, 412.006, 412.049 & 413.085
Statutes/Other Implemented: ORS 414.826, 7 CFR 280.1, 409.010, 411.060, 411.083, 411.404, 411.706, 411.816, 412.006, 412.009 & 412.049
SSP 17-2023, amend filed 06/14/2023, effective 07/01/2023
SSP 7-2022, amend filed 02/03/2022, effective 02/18/2022
SSP 51-2021, temporary amend filed 09/30/2021, effective 10/01/2021 through 03/27/2022
SSP 44-2020, amend filed 12/22/2020, effective 01/01/2021
SSP 35-2018, amend filed 12/04/2018, effective 01/01/2019
SSP 10-2017, f. 3-24-17, cert. ef. 4-1-17
SSP 44-2016, f. 12-7-16, cert. ef. 1-1-17
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 11-2015, f. 3-13-15, cert. ef. 4-1-15
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 32-2010, f. & cert. ef. 10-1-10
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05
SSP 23-2003, f. & cert. ef. 10-1-03
AFS 2-1999, f. 3-26-99, cert. ef. 4-1-99
AFS 25-1998, f. 12-28-98, cert. ef. 1-1-99
AFS 24-1998(Temp), f. 11-30-98, cert. ef. 12-1-98 thru 3-31-99
AFS 10-1998, f. 6-29-98, cert. ef. 7-1-98
AFS 8-1998, f. 4-28-98, cert. ef. 5-1-98
AFS 5-1998(Temp), f. & cert. ef. 3-11-98 thru 5-31-98
AFS 4-1998, f. 2-25-98, cert. ef. 3-1-98
AFS 9-1997, f. & cert. ef. 7-1-97
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-145-0931 Additional Exclusions for Farming Costs; SNAP

In the SNAP program, if gross self-employment income from farming is less than the costs calculated in accordance with OAR 461-145-0920, and the client receives or anticipates receiving annual gross farm income of $1,000 or more, then farming-related costs that exceed self-employment income from farming are allowed as an exclusion from nonfarm self-employment income, other earned income, and unearned income.

History

Statutory/Other Authority: ORS 411.060, 418.040 & 411.816
Statutes/Other Implemented: ORS 411.060 & 411.816
AFS 2-1999, f. 3-26-99, cert. ef. 4-1-99

Division 150 RETROSPECTIVE/PROSPECTIVE ELIGIBILITY AND BUDGETING

Or. Admin. R. 461-150-0020 Prospective Eligibility and Budgeting

For prospective eligibility (see OAR 461-001-0000) and budgeting (see OAR 461-001-0000):

(1) The budget month (see OAR 461-001-0000) and payment month (see OAR 461-001-0000) are the same.

(2) The client's anticipated income, household composition, and other relevant factors are used to determine the client's eligibility and benefit level. The client and Department jointly anticipate the client's income based on the income already received and the income the client expects to receive.

(3) Prospective budgeting is used for annualized income and prorated educational income.

(4) When prospective budgeting is used and the actual income differs from the amount determined under section (2) of this rule:

(a) If the anticipated income exceeds the actual income, a client is not entitled to a benefit supplement.

(b) If the actual income exceeds the anticipated income, there may be a client-error overpayment under OAR 461-195-0521.

History

Statutory/Other Authority: ORS 411.060, 411.404, 411.816 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.404, 411.816 & 412.049
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 13-2009, f. & cert. ef. 7-1-09
SSP 17-2004, f. & cert. ef. 7-1-04
SSP 7-2004(Temp), f. & cert. ef. 4-1-04 thru 6-30-04
AFS 12-2001, f. 6-29-01, cert. ef. 7-1-01
AFS 7-2001(Temp), f. & cert. ef. 4-4-01 thru 6-30-01
AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-150-0042 Prospective Eligibility and Budgeting; EA

In the EA program, the Department uses prospective eligibility (see OAR 461-001-0000) and budgeting (see OAR 461-001-0000) as follows:

(1) For the month of application, prospective eligibility is used, including for a client who leaves a filing group (see OAR 461-110-0310) because of domestic violence.

(2) For budgeting, OAR 461-160-0140 is used to determine benefit level.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060
SSP 13-2009, f. & cert. ef. 7-1-09
SSP 17-2004, f. & cert. ef. 7-1-04
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 13-1991, f. & cert. ef. 7-1-91

Or. Admin. R. 461-150-0050 Prospective Eligibility and Budgeting; OSIP, OSIPM, and QMB

In the OSIP, OSIPM, and all QMB programs, the Department uses prospective eligibility (see OAR 461-001-0000) and budgeting (see OAR 461-001-0000) as follows:

(1) In the OSIP, OSIPM (except OSIPM-ICP), and all QMB programs:

(a) For the initial month (see OAR 461-001-0000):

(A) When a new source of income begins in the initial month , only income received or expected to be received in that month is counted.

(B) Except as provided in paragraph (A) of this subsection, the Department converts and averages prospective income in accordance with OAR 461-150-0070 and OAR 461-150-0080.

(b) For each ongoing month (see OAR 461-001-0000),the Department converts and averages prospective income in accordance with OAR 461-150-0070 and OAR 461-150-0080.

(2) In OSIPM-ICP, the budget month (see OAR 461-001-0000) is the initial month of eligibility.

History

Statutory/Other Authority: ORS 409.050, 410.070, 411.060, 411.070, 411.083, 411.404, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.010, 409.050, 410.010, 410.070, 410.080, 411.060, 411.070, 411.083, 411.404, 411.706, 413.085, 414.685 & 414.839
SSP 10-2021, minor correction filed 02/18/2021, effective 02/18/2021
SSP 16-2018, minor correction filed 04/02/2018, effective 04/02/2018
SSP 11-2018, amend filed 03/09/2018, effective 04/01/2018
SSP 44-2016, f. 12-7-16, cert. ef. 1-1-17
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 35-2015, f. 12-23-15, cert. ef. 1-1-16
SSP 32-2010, f. & cert. ef. 10-1-10
SSP 13-2009, f. & cert. ef. 7-1-09
SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09
SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05
SSP 26-2003, f. & cert. ef. 10-1-03
SSP 10-2003(Temp), f. & cert. ef. 5-1-03 thru 9-30-03
AFS 11-2001, f. 6-29-01, cert. ef. 7-1-01
AFS 17-2000, f. 6-28-00, cert. ef. 7-1-00
AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-150-0060 Prospective or Retrospective Eligibility and Budgeting; REF, REFM, SNAP, TANF

In the REF, REFM, SNAP, and TANF programs, the Department determines how and when to use prospective or retrospective eligibility (see OAR 461-001-0000) and budgeting (see OAR 461-001-0000) as follows:

(1) For the initial month (see OAR 461-001-0000):

(a) For a SNAP case in the Change Reporting System (CRS), the Department uses "actual income" (see subsection (g) of this section) in the initial month .

(b) For a SNAP program case in the Simplified Reporting System (SRS), "actual income" is used in the initial month if that income is not reflective of ongoing monthly income due to a new or terminated source or a significant change in ongoing income. All other income is processed under section (3) of this rule.

(c) In the REF and TANF programs, ongoing income, processed under section (2) of this rule, is used in the i nitial month , except when the source of income is a new or terminated source. When there is a new or terminated source of income, "actual income" is used in the initial month .

(d) In the REFM program, the Department uses only the initial month for eligibility and budgeting .

(e) The Department uses prospective eligibility and budgeting under OAR 461-150-0020 for cases not covered under subsections (a) to (d) of this section, including for an individual who leaves a filing group (see OAR 461-110-0310) because of domestic violence (see OAR 461-001-0000) and enters a domestic violence shelter (see OAR 461-001-0000) or safe home (see OAR 461-001-0000).

(f) No supplement is issued based on incorrectly anticipated information.

(g) "Actual income" means income already received in the initial mont h plus all the income that reasonably may be expected to be received within the initial month .

(2) Income is budgeted so that the anticipated amount is the same for each month. The type of income is determined and calculated as follows:

(a) Income that must be annualized is calculated under OAR 461-150-0090 to arrive at a monthly figure.

(b) Educational income (see OAR 461-145-0150) is assigned to the months it is intended to cover, regardless of when it is received. The income is prorated over these months.

(d) Ongoing variable income (see OAR 461-001-0000) is anticipated under OAR 461-150-0080.

(e) Periodic income (see OAR 461-001-0000) is anticipated under OAR 461-140-0110.

(f) Lump-sum income (see OAR 461-001-0000) is anticipated under OAR 461-140-0120.

(3) For an ongoing month (see OAR 461-001-0000):

(a) For a benefit group (see OAR 461-110-0750), the Department uses prospective eligibility and budgeting . The type of income is determined and calculated under section (2) of this rule.

(b) If the budgeting method changes from prospective to retrospective, the Department treats income from a terminated source that was counted prospectively as follows:

(A) If the actual amount received was less than or equal to the anticipated amount, the income is excluded.

(B) If the actual amount received was greater than the anticipated amount, the Department counts the difference between actual and anticipated amounts.

(4) When an individual is added to an ongoing filing group, income is budgeted in accordance with sections (2) and (3) of this rule to determine eligibility and benefit level.

(5) In the SNAP program during the Periodic Report Process, the Department follows the budgeting provisions of sections (2) through (4) of this rule to determine eligibility and benefit level using all of the following:

(a) Income recently verified and currently budgeted for the case that does not meet the provisions of or conflict with income in subsections (b) or (c).

(b) Income from computer matches.

(A) Whose verification is provided with the Periodic Report.

(B) That, in comparison to the total countable (see OAR 461-001-0000) earned income already budgeted for the financial group (see OAR 461-110-0530) has changed by more than $125.

(C) That, in comparison to the total countable unearned income already budgeted for the financial group, has changed by more than $125.

(D) That exceeds the SNAP Countable Income Limit set at 130 percent of the federal poverty level under OAR 461-155-0180, for a financial group whose eligibility was based on total countable income at or below 130 percent.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.816 & 412.049
Statutes/Other Implemented: ORS 409.050, 411.060, 411.070, 411.404, 411.816, 412.049, ORS 409.010 & 409.610
SSP 20-2023, amend filed 06/22/2023, effective 07/01/2023
SSP 47-2022, amend filed 09/20/2022, effective 09/27/2022
SSP 33-2022, temporary amend filed 03/31/2022, effective 04/01/2022 through 09/27/2022
SSP 23-2015, f. 9-28-15, cert. ef. 10-1-15
SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 28-2013(Temp), f. & cert. ef. 10-1-13 thru 1-28-14
SSP 19-2013(Temp), f. 7-31-13, cert. ef. 8-1-13 thru 1-28-14
SSP 13-2013, f. & cert. ef. 7-1-13
SSP 5-2010, f. & cert. ef. 4-1-10
SSP 13-2009, f. & cert. ef. 7-1-09
SSP 10-2007, f. & cert. ef. 10-1-07
AFS 6-2001, f. 3-30-01, cert. ef. 4-1-01
AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00
AFS 9-1997, f. & cert. ef. 7-1-97
AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 13-1994, f. & cert. ef. 7-1-94
AFS 6-1994, f. & cert. ef. 4-1-94
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-150-0070 Prospective Budgeting of Stable Income

(1) Stable income (see OAR 461-001-0000) in prospective budgeting (see OAR 461-001-0000) and eligibility (see OAR 461-001-0000) is treated so that the monthly amount is used to anticipate the income of the financial group (see OAR 461-110-0530). The amount of stable income for each month is determined as follows:

(a) If paid once per month, that amount is used.

(b) If paid twice per month or semi-monthly, that amount is converted to a monthly amount by multiplying it by two.

(d) If paid once per week, that amount is converted to a monthly amount by multiplying it by 4.3.

(2) In the OSIP, OSIPM, and QMB programs:

(a) In the initial month and for any months of retroactive eligibility (see OAR 461-135-0875):

(A) When a new source of stable income begins in the initial month or retroactive months, the amount counted is the actual amount received or the amount expected to be received.

(B) Except as provided for in paragraph (A) of this subsection, stable income is converted and averaged in accordance with section (1) of this rule.

(b) In each ongoing month (see OAR 461-001-0000), stable income is converted and averaged in accordance with section (1) of this rule.

(3) In the SNAP program, stable income the client expects to receive less often than monthly is treated as periodic income (see OAR 461-001-0000) under OAR 461-140-0110.

History

Statutory/Other Authority: 411.060, 411.404, 411.816, 412.049, ORS 409.050, 412.014, 413.085 & 414.685
Statutes/Other Implemented: 411.060, 411.404, 411.816, 412.049, ORS 409.010 & 412.014
SSP 11-2018, amend filed 03/09/2018, effective 04/01/2018
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 13-2009, f. & cert. ef. 7-1-09
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
AFS 12-2001, f. 6-29-01, cert. ef. 7-1-01
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92
AFS 12-1990, f. 3-30-89, cert. ef. 4-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-150-0080 Prospective Budgeting of Variable Income

Variable income (see OAR 461-001-0000) is used as follows in prospective budgeting (see OAR 461-001-0000) and eligibility (see OAR 461-001-0000) so that the anticipated amount is the same for each month, except as specified in OAR 461-150-0060 and section (6) of this rule:

(1) For income paid more than once per month, determine an average amount per pay period in accordance with sections (2) to (4) of this rule. The average amount is then converted to a monthly amount as follows, if paid –

(a) Twice per month, multiply by 2;

(b) Every other week, multiply by 2.15; or

(2) For variable earned income based on an hourly wage when the past is representative, monthly income is determined by calculating an average number of hours per pay period, then these hours are multiplied by the hourly wage and converted to a monthly amount under section (1) of this rule.

(3) For variable earned income involving various rates of pay (overtime, shift differential, tips) when the past is representative, monthly income is determined by calculating the average income per pay period, then the average income is converted to a monthly amount under section (1) of this rule.

(4) For variable earned or unearned income when the past is representative and income cannot be calculated under section (2) or (3) of this rule, monthly income is determined by averaging the income over --

(a) A representative period of months by totaling the income for those months and dividing by the number of months used; or

(b) A representative number of pay periods and converting to a monthly amount under section (1) of this rule.

(5) For variable earned and unearned income when the past is not representative of the income the financial group (see OAR 461-110-0530) will receive during the eligibility period, the client and the Department jointly determine the anticipated income.

(6) In the OSIP, OSIPM, and QMB programs:

(a) In the initial month and for any months of retroactive eligibility (see OAR 461-135-0875):

(A) When a new source of variable income begins in the initial month or retroactive months, the amount counted is the actual amount received or the amount expected to be received.

(B) Except as provided for in paragraph (A) of this subsection, variable income is converted and averaged in accordance with sections (1) to (5) of this rule.

(b) In each ongoing month (see OAR 461-001-0000), variable income is converted and averaged in accordance with sections (1) to (5) of this rule.

(7) In the SNAP program, a financial group meeting the definition of "destitute household" in OAR 461-135-0575 is not eligible to use the income averaging option for the initial month (see OAR 461-001-0000) of eligibility or the first month of a new certification period . For a destitute financial group , income for the initial month of eligibility and the first month of a certification period is determined under OAR 461-150-0100, thereafter, the financial group is subject to sections (2) to (5) of this rule.

History

Statutory/Other Authority: 411.060, 411.070, 411.404, 411.816, 412.014, 412.049, ORS 409.050, 413.085 & 414.685
Statutes/Other Implemented: 411.060, 411.070, 411.404, 411.816, 412.014, 412.049 & ORS 409.010
SSP 11-2018, amend filed 03/09/2018, effective 04/01/2018
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 25-2012, f. 6-29-12, cert. ef. 7-1-12
SSP 13-2009, f. & cert. ef. 7-1-09
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
AFS 12-2001, f. 6-29-01, cert. ef. 7-1-01
AFS 34-2000, f. 12-22-00, cert. ef. 1-1-01
AFS 9-1999, f. & cert. ef. 7-1-99
AFS 8-1998, f. 4-28-98, cert. ef. 5-1-98
AFS 9-1997, f. & cert. ef. 7-1-97
AFS 23-1995, f. 9-20-95, cert. ef. 10-1-95
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 28-1992, f. & cert. ef. 10-1-92
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 13-1992, f. & cert. ef. 5-1-92
AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-150-0090 Prospective Budgeting: Annualizing and Prorating Contracted or Self-employment Income; Not OSIPM or QMB

(1) Income from self-employment, including contract income while self-employed, is treated in accordance with OAR 461-145-0910 unless the income meets the provisions of section (2) of this rule.

(2) If past contract income is not representative of future income or when a substantial increase or decrease is expected in countable (see OAR 461-001-0000) self-employment income (see OAR 461-145-0910) in the next year, costs as allowed under OAR 461-145-0930 and anticipated income are used to determine the countable income.

(3) In the REF, SNAP, and TANF programs, contract income that does not meet the criteria of self-employment income (see OAR 461-145-0910) is treated as follows:

(a) Income received during a less than 12-month period but intended as a full year's income is annualized.

(b) Income received on an hourly or piecework basis or monthly over the term of the contract period is not annualized. It is treated as stable income (see OAR 461-001-0000) under OAR 461-150-0070 or variable income (see OAR 461-001-0000) under OAR 461-150-0080.

(4) In the REFM program, contract income that does not meet the criteria of self-employment income (see OAR 461-145-0910) is treated as follows:

(a) Income is counted only if received in the month of application. If income counted in the month of application puts the applicant over the income limits for REFM, the income is annualized.

(b) Income received on an hourly or piecework basis or monthly over the term of the contract period is not annualized. It is treated as stable income under OAR 461-150-0070 or variable income under OAR 461-150-0080.

(5) Contract income that is not the annual income of the financial group (see OAR 461-110-0530) and not paid on an hourly or piecework basis is prorated over the period the income is intended to cover.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.816, 412.014 & 412.049
Statutes/Other Implemented: ORS 409.050, 411.060, 411.070, 411.404, 411.816, 412.014, 412.049 & ORS 409.010
SSP 20-2023, amend filed 06/22/2023, effective 07/01/2023
SSP 38-2015, f. 12-25-15, cert. ef. 1-1-16
SSP 25-2015, f. 9-29-15, cert. ef. 10-1-15
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 5-2010, f. & cert. ef. 4-1-10
SSP 37-2009(Temp), f. & cert. ef. 12-1-09 thru 5-30-10
SSP 13-2009, f. & cert. ef. 7-1-09
SSP 7-2005, f. & cert. ef. 7-1-05
SSP 4-2005, f. & cert. ef. 4-1-05
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 13-1992, f. & cert. ef. 5-1-92
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-150-0095 Prospective Budgeting: Averaging and Estimating Self-employment Income; OSIP, OSIPM, QMB

(1) Net earnings from self-employment are counted on a taxable year basis by dividing the total earnings by twelve to arrive at a monthly amount.

(2) Only net losses from self-employment that are documented are divided over the taxable year in the same way as net earnings and excluded only from other earned income of the financial group (see OAR 461-110-0530 and 461-145-0130).

(3) When a self-employed individual is engaged in a business or trade which is neither seasonal nor has income peaks at certain parts of the year, estimate net earnings from self-employment for the current taxable year in the following sequence:

(a) When the individual has been conducting the same trade or business for two or more years, has had fairly constant net earnings from self-employment from year-to-year, and anticipates no change or gives no convincing explanation why current net earnings would be substantially different from past net earnings, use the net earnings from the prior year as an estimate for the current taxable year.

(b) When an individual has been engaged in the same business for only the preceding taxable year, anticipates no change or gives no convincing explanation why current net earnings would be substantially different from the previous taxable year:

(A) Calculate the ratio between net profit or loss and gross receipts from the last year;

(B) Calculate the actual gross receipts from the individual’s current records and project them for the remainder of the year; and

(C) Apply the gross-to-net ratio calculated in paragraph (A) of this subsection to the current year’s projected gross calculated in paragraph (B) of this subsection to arrive at the estimated net earnings.

(c) When an individual is engaged in a new business, project the income received to date for the remainder of the year as follows:

(A) Calculate the net earnings from the individual’s profit and loss statement or other business records for the taxable year to date; and

(B) Average the monthly net earnings by dividing the net income received to date by the number of months that have elapsed.

(d) Accept the individual’s estimate for the net earnings when an individual is engaged in one of the following:

(A) A new business for which there are insufficient net earnings to date.

(B) At initial application only, an existing business for which records were not kept.

(C) An existing business with anticipated income that varies from past years and a convincing explanation is given for the variation.

(4) When a self-employed individual is engaged in a trade or business that is seasonal or has income peaks at certain parts of the year, estimate net earnings from self-employment for the current taxable year in the following sequence:

(a) When the individual has been conducting the same trade or business for at least one full taxable year, anticipates no change or gives no convincing explanation why current net earnings would be substantially different from past net earnings, use the net earnings from the prior year as an estimate for the current taxable year.

(b) Accept the individual’s estimate for the net earnings when an individual is engaged in one of the following:

(A) A new business.

(B) At initial application only, an existing business for which records were not kept.

(C) An existing business with anticipated income that varies from past years and a convincing explanation is given for the variation.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.706, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.010, 409.050, 411.060, 411.070, 411.404, 411.706, 413.085, 414.685 & 414.839
SSP 25-2015, f. 9-29-15, cert. ef. 10-1-15

Or. Admin. R. 461-150-0100 Initial Month Prospective Budgeting for Destitute Filing Groups; SNAP

For a destitute (see OAR 461-135-0575) filing group, only the following income is used to determine eligibility (see OAR 461-001-0000) and benefit level in the initial month (see OAR 461-001-0000) or the first month of the certification period (see OAR 461-001-0000):

(1) Income received from the first of the month through the filing date (see OAR 461-115-0040); and

(2) Income received after the filing date that is regular and ongoing. Income from a new source anticipated to be received after the filing date is not used.

History

Statutory/Other Authority: ORS 411.816
Statutes/Other Implemented: ORS 411.816
SSP 13-2009, f. & cert. ef. 7-1-09
AFS 13-1992, f. & cert. ef. 5-1-92
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Division 155 INCOME AND PAYMENT STANDARDS, AND SPECIAL NEEDS

Or. Admin. R. 461-155-0010 Use of Payment Standards to Establish Need

(1) “Need” is the amount at the Department's payment standards that represents the individual’s need for items covered by the benefit.

(2) “Special needs” are costs in addition to standard allowances.

(3) In the OSIP and OSIPM programs, special needs (see section (2) of this rule) are used when determining the benefit amount or the patient liability.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 411.404, 411.816, 412.014 & 412.049
SSP 64-2021, minor correction filed 12/14/2021, effective 12/14/2021
SSP 22-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 10-2007, f. & cert. ef. 10-1-07
SSP 4-2005, f. & cert. ef. 4-1-05
SSP 17-2004, f. & cert. ef. 7-1-04
SSP 6-2004, f. & cert. ef. 4-1-04
SSP 29-2003(Temp), f. 10-31-03, cert. ef. 11-1-03 thru 3-31-04
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-155-0020 Prorated Standards; Adjusted Number in Household; TANF

In the TANF program:

(1) Prorated standards are used only in the no-adult tables.

(2) The no-adult tables are used when there are no adults in the TANF benefit group (see OAR 461-110-0750).

(3) Prorated standards are based on the number of people in the benefit group (see OAR 461-110-0750), compared to the adjusted number in the household group (see OAR 461-110-0210). The adjusted number in the household is determined by taking the total number of individuals in the household, minus the following individuals unless they are included in the benefit group:

(a) Unborns.

(b) Individuals receiving long-term care (see OAR 461-001-0000) or home and community-based care (see OAR 461-001-0030).

(d) Children receiving adoption assistance.

(e) Live-in attendants who live with the filing group (see OAR 461-110-0310 and 461-110-0330) solely to provide necessary medical or housekeeping services and are paid to provide these services.

(f) Landlords and tenants. A landlord-tenant relationship exists if one person pays another at fair market value (see OAR 461-001-0000) for housing and if:

(A) The filing group lives independently from the landlord or tenant;

(B) The filing group has and uses sleeping, bathroom, and kitchen facilities that are separate from the landlord or tenant; and

(C) If bathroom or kitchen facilities are shared, the housing must be a commercial establishment that provides either room, board, or both for fair market value compensation.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070 & 412.049
Statutes/Other Implemented: ORS 409.010, 409.050, 411.060, 411.070 & 412.049
SSP 20-2017, f. 8-11-17, cert. ef. 9-1-17
SSP 11-2017(Temp), f. 3-28-17, cert. ef. 4-1-17 thru 9-27-17
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 15-2016, f. & cert. ef. 4-1-16
SSP 21-2015, f. & cert. ef. 7-1-15
SSP 26-2013, f. & cert. ef. 10-1-13
SSP 17-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13
SSP 23-2008, f. & cert. ef. 10-1-08
SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05
SSP 33-2003, f. 12-31-03, cert. ef. 1-4-04
AFS 17-1998, f. & cert. ef. 10-1-98
AFS 13-1995, f. 6-29-95, cert. ef. 7-1-95
AFS 6-1994, f. & cert. ef. 4-1-94
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-155-0030 Income and Payment Standards; REF, TANF

Retroactively effective July 6, 2020:

(1) In the REF and TANF programs, the standards in this rule are applied to determine eligibility (see OAR 461-001-0000) and benefit amount as provided in OAR 461-160-0100.

(2) The Countable Income Limit Standards in this section apply to all individuals applying for or receiving REF or TANF benefits who are not eligible for the Exit Limit Increase (ELI) Standards in section (3) of this rule.

(a) For each need group (see OAR 461-110-0630) containing an adult, the following table is used:

(b) For each need group containing no adult, the following table is used:

(c) In the TANF program, a caretaker relative (see OAR 461-001-0000) other than a parent (see OAR 461-001-0000) who chooses not to be included in the need group is subject to the "non-needy caretaker relative countable income limit standard" for the filing group which is set at 185 percent of the federal poverty level (see OAR 461-155-0180).

(3) The ELI Standards in this section serve as the countable and adjusted income limits when the following requirements are met:

(a) The income of the benefit group includes earned income (see OAR 461-145-0120).

(b) The earned income was earned by an individual in the benefit group .

(A) During the certification period (see OAR 461-001-0000),

(B) When the filing date (see OAR 461-115-0040) is established on or before the last day of the certification period of the benefit group , or

(C) When TANF benefits of the benefit group were closed due to earned income and the benefit group establishes a filing date within 30 days following the closure.

(d) For each need group containing an adult, the following table is used:

(e) For each need group containing no adult, the following table is used:

(4) The Adjusted Income Limit Standards in this section apply to all individuals applying for or receiving REF or TANF benefits who are not eligible for the ELI Standards in section (3) of this rule.

(a) For each need group containing an adult, the following table is used:

(b) For each need group containing no adult, the following table is used:

(5) The Payment Standards in this section are used to calculate benefit amounts for individuals receiving REF or TANF benefits.

(a) For each benefit group containing an adult, the following table is used:

(b) For each benefit group containing no adult, the following table is used:

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 412.006, 412.049 & 412.124
Statutes/Other Implemented: ORS 409.010, 409.050, 411.060, 411.070, 412.006, 412.049 & 412.124
SSP 22-2020, amend filed 07/08/2020, effective 07/08/2020
SSP 34-2017, amend filed 12/18/2017, effective 01/01/2018
SSP 35-2016, f. 9-30-16, cert. ef. 10-1-16
SSP 20-2016(Temp), f. & cert. ef. 5-12-16 thru 11-7-16
SSP 15-2016, f. & cert. ef. 4-1-16
SSP 38-2015, f. 12-25-15, cert. ef. 1-1-16
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 9-2012, f. 3-29-12, cert. ef. 4-1-12
SSP 3-2012(Temp), f. & cert. ef. 1-26-12 thru 3-31-12
SSP 10-2011, f. 3-31-11, cert. ef. 4-1-11
SSP 42-2010(Temp), f. 12-30-10, cert. ef. 1-1-11 thru 6-30-11
SSP 41-2010, f. 12-30-10, cert. ef. 1-1-11
SSP 26-2010(Temp), f. & cert. ef. 8-16-10 thru 2-12-11
SSP 28-2009, f. & cert. ef. 10-1-09
SSP 8-2009(Temp), f. 4-20-09, cert. ef. 5-1-09 thru 10-28-09
SSP 10-2007, f. & cert. ef. 10-1-07
SSP 6-2007(Temp), f. 6-29-07, cert. ef. 7-1-07 thru 9-30-07
SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06
SSP 7-2006(Temp), f. 3-31-06, cert. ef. 4-1-06 thru 9-28-06
SSP 33-2003, f. 12-31-03, cert. ef. 1-4-04
AFS 9-1997, f. & cert. ef. 7-1-97
AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97
AFS 32-1996(Temp), f. & cert. ef. 9-23-96
AFS 13-1995, f. 6-29-95, cert. ef. 7-1-95
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90
AFS 16-1990, f. 6-29-90, cert. ef. 7-1-90
AFS 80-1989, f. & cert. ef. 2-1-90

Or. Admin. R. 461-155-0040 Nonrecurrent Short-Term Payment; TANF

The Department may issue nonrecurrent, short-term payments to deal with an episode of need as provided in this rule.

(1) One nonrecurring short-term payment per TANF benefit group (OAR 461-110-0750) may be issued for back-to-school clothing needs of the children.

(2) One nonrecurring short-term payment per TANF benefit group may be issued for winter clothing needs of the children.

(3) One nonrecurring short-term payment per TANF benefit group may be issued for summer clothing needs of the children.

(4) Payments are subject to all of the following:

(a) Payments are nonrecurrent short-term benefits, not TANF assistance, and are issued for the purposes listed in 45 CFR 260.31(b)(1) and 7 CFR 273.9(c)(8).

(b) The payment shall be issued in the same method as the TANF benefit.

(d) The amount of the payment shall be the same for each TANF benefit group .

(e) The issuance date and amount of the payment determined by the Department are not hearable.

(f) Payments are not subject to overpayment (see OAR 461-195-0501) and shall not be included in any overpayment calculation.

(5) In all programs covered in OAR chapter 461, the payments are excluded from countable (see OAR 461-001-0000) income.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 412.006, 412.049 & 45 CFR 260.31
Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 412.006, 412.049, 45 CFR 260.31, 7 CFR 273.9 & HB 5202 Oregon 2022 Short Sess.
SSP 59-2022, adopt filed 12/27/2022, effective 01/01/2023
SSP 46-2022, temporary adopt filed 09/16/2022, effective 09/16/2022 through 03/13/2023

Or. Admin. R. 461-155-0050 Payment Standard for AFC and RCF; REF, TANF

For REF and TANF, the payment standard for one person in AFC or RCF is the same as the adjusted income standard for a need group with one adult per OAR 461-155-0030. The payment, minus a $30 personal allowance for clothing and personal incidentals, is for room and board.

History

Statutory/Other Authority: ORS 411.060, 411.070 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.070 & 412.049
AFS 28-1992, f. & cert. ef. 10-1-92
AFS 18-1992(Temp), f. & cert. ef. 7-15-92
AFS 16-1991, f. 8-27-91, cert. ef. 9-1-91
AFS 12-1991(Temp), f. & cert. ef. 7-1-91
AFS 16-1990, f. 6-29-90, cert. ef. 7-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-155-0070 Income and Payment Standard; EA

(1) The income limit in the EA program is the TANF adjusted income or payment standard found in OAR 461-155-0030. A client is ineligible for emergency assistance in any month he or she is eligible for the TANF program unless the grant for that month is less than the payment standard only because the grant was prorated for the month.

(2) EA benefits are limited as follows:

(a) The program will provide only the minimum amount necessary to meet the emergent need.

(b) The maximum EA benefit amount for the 30-day eligibility period is $100.

(d) The client is not eligible for an EA payment unless the payment enables the client to resolve the emergent need in its entirety without receiving JOBS support service payments (see OAR 461-190-0211 and 461-190-0221).

History

Statutory/Other Authority: ORS 411.060 & 412.049
Statutes/Other Implemented: ORS 411.060, 412.049 & 412.072
SSP 18-2024, minor correction filed 03/18/2024, effective 03/18/2024
SSP 17-2004, f. & cert. ef. 7-1-04
AFS 10-2002, f. & cert. ef. 7-1-02
AFS 4-2002(Temp), f. & cert. ef. 4-1-02 thru 6-30-02
AFS 9-1999, f. & cert. ef. 7-1-99
AFS 9-1997, f. & cert. ef. 7-1-97
AFS 16-1996, f. 4-29-96, cert. ef. 5-1-96
AFS 21-1995, f. 9-20-95, cert. ef. 10-1-95
AFS 13-1995, f. 6-29-95, cert. ef. 7-1-95
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 8-1992, f. & cert. ef. 4-1-92
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 26-1990, f. & cert. ef. 11-29-90
AFS 18-1990(Temp), f. & cert. ef. 7-13-90
AFS 16-1990, f. 6-29-90, cert. ef. 7-1-90
AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90
AFS 7-1990, f. & cert. ef. 2-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-155-0180 Income Standards; Not OSIPM or Medicare Savings Programs

(1) A Department program may cite this rule if the program uses a monthly income standard based on the federal poverty level.

(2) A monthly income standard set at 100 percent of the 2025 federal poverty level, and updated every October, is set at the following amounts:

(3) A monthly income standard set at 130 percent of the 2025 federal poverty level, and updated every October is set at the following amounts:

(4) A monthly income standard set at 165 percent of the 2025 federal poverty level, and updated every October, is set at the following amounts:

(5) A monthly income standard set at 185 percent of the 2026 federal poverty level, and updated every March, is set at the following amounts:

(6) A monthly income standard set at 200 percent of the 2026 federal poverty level, and updated every March, is set at the following amounts:

(7) A monthly income standard set at 250 percent of the 2026 federal poverty level, and updated every March, is set at the following amounts:

(8) A monthly income standard set at 350 percent of the 2026 federal poverty level, and updated every March beginning 2023, is set at the following amounts:

(9) A monthly Disaster Supplemental Nutrition Assistance Program (DSNAP) income standard, updated every October, is set at the following amounts for the household (see OAR 461-135-0491):

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.816 & 412.049
Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 411.816, 412.014, 412.049 & 7 CFR 280.1
SSP 17-2026, amend filed 02/24/2026, effective 03/01/2026
SSP 20-2025, amend filed 09/29/2025, effective 10/01/2025
SSP 1-2025, amend filed 02/20/2025, effective 03/01/2025
SSP 54-2024, amend filed 09/27/2024, effective 10/01/2024
SSP 15-2024, amend filed 02/27/2024, effective 03/01/2024
SSP 47-2023, amend filed 09/25/2023, effective 10/01/2023
SSP 20-2023, amend filed 06/22/2023, effective 07/01/2023
SSP 9-2023, amend filed 02/13/2023, effective 03/01/2023
SSP 48-2022, amend filed 09/27/2022, effective 10/01/2022
SSP 41-2022, amend filed 06/30/2022, effective 07/01/2022
SSP 30-2022, temporary amend filed 03/01/2022, effective 03/01/2022 through 08/27/2022
SSP 49-2021, amend filed 09/23/2021, effective 10/01/2021
SSP 33-2021, amend filed 06/22/2021, effective 07/01/2021
SSP 20-2021, temporary amend filed 02/23/2021, effective 03/01/2021 through 08/27/2021
SSP 36-2020, amend filed 10/01/2020, effective 10/01/2020
SSP 18-2020, amend filed 06/18/2020, effective 07/01/2020
SSP 3-2020, temporary amend filed 02/25/2020, effective 03/01/2020 through 08/27/2020
SSP 25-2019, amend filed 12/24/2019, effective 01/01/2020
SSP 20-2019, amend filed 09/19/2019, effective 10/01/2019
SSP 14-2019, amend filed 06/11/2019, effective 07/01/2019
SSP 9-2019, temporary amend filed 03/26/2019, effective 03/26/2019 through 06/30/2019
SSP 4-2019, temporary amend filed 02/22/2019, effective 03/01/2019 through 06/30/2019
SSP 27-2018, amend filed 09/04/2018, effective 10/01/2018
SSP 21-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 9-2018, temporary amend filed 02/15/2018, effective 03/01/2018 through 06/30/2018
SSP 34-2017, amend filed 12/18/2017, effective 01/01/2018
SSP 26-2017, temporary amend filed 09/28/2017, effective 10/01/2017 through 03/29/2018
SSP 13-2017, f. 6-5-17, cert. ef. 7-1-17
SSP 4-2017(Temp), f. 2-28-17, cert. ef. 3-1-17 thru 8-27-17
SSP 15-2016, f. & cert. ef. 4-1-16
SSP 23-2015, f. 9-28-15, cert. ef. 10-1-15
SSP 7-2015, f. 1-30-15, cert. ef. 2-1-15
SSP 2-2014, f. 1-31-14, cert. ef. 2-1-14
SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 22-2013(Temp), f. & cert. ef. 8-23-13 thru 2-19-14
SSP 13-2013, f. & cert. ef. 7-1-13
SSP 5-2013(Temp), f. & cert. ef. 2-1-13 thru 7-31-13
SSP 3-2013, f. & cert. ef. 1-30-13
SSP 2-2012, f. & cert. ef. 1-25-12
SSP 17-2011, f. & cert. ef. 7-1-11
SSP 1-2011(Temp), f. & cert. ef. 1-20-11 thru 7-19-11
SSP 41-2010, f. 12-30-10, cert. ef. 1-1-11
SSP 25-2010(Temp), f. & cert. ef. 8-16-10 thru 2-12-11
SSP 4-2010, f. & cert. ef. 3-31-10
SSP 29-2009(Temp), f. & cert. ef. 10-1-09 thru 3-30-10
SSP 1-2009, f. & cert. ef. 1-27-09
SSP 17-2008, f. & cert. ef. 7-1-08
SSP 1-2008(Temp), f. & cert. ef. 1-24-08 thru 6-30-08
SSP 1-2007, f. & cert. ef. 1-24-07
SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06

Or. Admin. R. 461-155-0190 Income and Payment Standards; SNAP and DSNAP

(1) The monthly Supplemental Nutrition Assistance Program (SNAP) Countable Income Limit is set at 130 percent of the federal poverty level under OAR 461-155-0180 for the number of individuals in the need group (see OAR 461-110-0630). The monthly SNAP Adjusted Income Limit is set at 100 percent of the federal poverty level under OAR 461-155-0180 for the number of individuals in the need group .

(2) The SNAP Payment Standard (Thrifty Food Plan) is:

(3) The full-month Disaster SNAP (DSNAP) Payment Standard is:

(4) The DSNAP Gross Income Limit is set under OAR 461-155-0180 for the number of individuals in the household (see OAR 461-135-0491) group.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070 & 411.816
Statutes/Other Implemented: ORS 411.070, 411.816, 411.825, 411.837, ORS 409.010, 409.050, 411.060, 7 CFR 273.1, 7 CFR 273.10, 7 CFR 280.1 & H.R. 133
SSP 20-2025, amend filed 09/29/2025, effective 10/01/2025
SSP 54-2024, amend filed 09/27/2024, effective 10/01/2024
SSP 47-2023, amend filed 09/25/2023, effective 10/01/2023
SSP 48-2022, amend filed 09/27/2022, effective 10/01/2022
SSP 7-2022, amend filed 02/03/2022, effective 02/18/2022
SSP 51-2021, temporary amend filed 09/30/2021, effective 10/01/2021 through 03/27/2022
SSP 49-2021, amend filed 09/23/2021, effective 10/01/2021
SSP 33-2021, amend filed 06/22/2021, effective 07/01/2021
SSP 46-2020, temporary amend filed 12/31/2020, effective 01/01/2021 through 06/29/2021
SSP 36-2020, amend filed 10/01/2020, effective 10/01/2020
SSP 20-2019, amend filed 09/19/2019, effective 10/01/2019
SSP 27-2018, amend filed 09/04/2018, effective 10/01/2018
SSP 34-2017, amend filed 12/18/2017, effective 01/01/2018
SSP 25-2017(Temp), f. 9-15-17, cert. ef. 10-1-17 thru 1-31-18
SSP 35-2016, f. 9-30-16, cert. ef. 10-1-16
SSP 28-2015, f. 9-29-15, cert. ef. 10-1-15
SSP 24-2014, f. & cert. ef. 10-1-14
SSP 34-2013, f. & cert. ef. 10-15-13
SSP 24-2013, f. & cert. ef. 10-1-13
SSP 30-2012, f. 9-28-12, cert. ef. 10-1-12
SSP 25-2011, f. 9-30-11, cert. ef. 10-1-11
SSP 28-2009, f. & cert. ef. 10-1-09
SSP 13-2009, f. & cert. ef. 7-1-09
SSP 6-2009(Temp), f. & cert. ef. 4-1-09 thru 9-28-09
SSP 23-2008, f. & cert. ef. 10-1-08
SSP 10-2007, f. & cert. ef. 10-1-07
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05
SSP 22-2004, f. & cert. ef. 10-1-04
SSP 23-2003, f. & cert. ef. 10-1-03
AFS 13-2002, f. & cert. ef. 10-1-02
AFS 22-2001, f. & cert. ef. 10-1-01
AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00
AFS 11-1999, f. & cert. ef. 10-1-99
AFS 22-1998, f. 10-30-98, cert. ef. 11-1-98
AFS 15-1998(Temp), f. 9-15-98, cert. ef. 10-1-98 thru 10-31-98
AFS 19-1997, f. & cert. ef. 10-1-97
AFS 34-1996, f. 9-26-96, cert. ef. 10-1-96
AFS 22-1995, f. 9-20-95, cert. ef. 10-1-95
AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 28-1992, f. & cert. ef. 10-1-92
AFS 20-1991, f. & cert. ef. 10-1-91
AFS 23-1990, f. 9-28-90, cert. ef. 10-1-90
AFS 16-1990, f. 6-29-90, cert. ef. 7-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-155-0210 Payment Standards and Methods of Issuance; GA

In the General Assistance (GA) program:

(1) For purposes of this rule, "eligible spouse" means a spouse (see OAR 461-001-0000) who is eligible for and receiving OSIPM under OAR 461-125-0370(c).

(2) The GA payment standards are:

(a) $649 for one person.

(b) $972 for two persons.

(3) The payments for one person are as follows:

(a) The Housing Assistance Payment is the least of:

(A) The amount of monthly rent the individual owes,

(B) $649 minus the adjusted income determined under OAR 461-160-0500, or

(b) The Utility Allowance is $109.

(4) The payments for two people are as follows:

(a) For a married individual whose spouse is in the Oregon Supplemental Income Program Medical (OSIPM) household group (see OAR 461-110-0210) and is considered an eligible spouse , the Housing Assistance Payment for each eligible spouse is half of the total Housing Assistance Payment, which is the least of:

(A) The amount of monthly rent the individual and spouse owe;

(B) $972 minus the adjusted income determined under OAR 461-160-0500, or

(b) For a married individual whose spouse is in the OSIPM household group and is not considered an eligible spouse , the Housing Assistance Payment is the least of:

(A) The amount of monthly rent the individual and spouse owe;

(B) $972 minus the adjusted income determined under OAR 461-160-0500, or

(d) The Personal Incidental Fund is $113.

(5) The Housing Assistance Payment is issued directly to the landlord and is contingent upon the receipt of a signed and valid Rental Agreement.

(6) The Utility Allowance is issued directly to the individual.

(7) The Personal Incidental Fund is issued directly to the individual.

History

Statutory/Other Authority: ORS 409.050 & 411.060
Statutes/Other Implemented: ORS 411.010, 411.060, 411.710, 411.730, 411.740 & OR Laws 2016, Ch 93
SSP 29-2025, amend filed 12/29/2025, effective 01/01/2026
SSP 61-2024, amend filed 12/30/2024, effective 01/01/2025
SSP 52-2023, amend filed 12/18/2023, effective 01/01/2024
SSP 21-2023, amend filed 06/22/2023, effective 07/01/2023
SSP 14-2023, temporary amend filed 04/07/2023, effective 04/07/2023 through 10/03/2023
SSP 11-2021, minor correction filed 02/18/2021, effective 02/18/2021
SSP 45-2020, amend filed 12/22/2020, effective 01/01/2021
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 18-2005, f. 12-30-05, cert. ef. 1-1-06
SSP 10-2005(Temp), f. & cert. ef. 8-29-05 thru 2-25-06
SSP 6-2004, f. & cert. ef. 4-1-04
SSP 29-2003(Temp), f. 10-31-03, cert. ef. 11-1-03 thru 3-31-04
AFS 22-2001, f. & cert. ef. 10-1-01
AFS 16-2001(Temp), f. & cert. ef. 8-1-01 thru 9-30-01
AFS 19-2000, f. 7-31-00, cert. ef. 8-1-00
AFS 10-1999, f. 7-29-99, cert. ef. 8-1-99
AFS 25-1998, f. 12-28-98, cert. ef. 1-1-99
AFS 10-1998, f. 6-29-98, cert. ef. 7-1-98
AFS 4-1998, f. 2-25-98, cert. ef. 3-1-98
AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97
AFS 11-1997(Temp), f. & cert. ef. 8-1-97
AFS 10-1996, f. 3-27-96, cert. ef. 4-1-96
AFS 1-1996(Temp), f. 1-30-96, cert. ef. 2-1-96
AFS 21-1995, f. 9-20-95, cert. ef. 10-1-95
AFS 16-1995(Temp), f. 7-24-95, cert. ef. 8-1-95
AFS 13-1995, f. 6-29-95, cert. ef. 7-1-95
AFS 13-1994, f. & cert. ef. 7-1-94
AFS 29-1993, f. 12-30-93, cert. ef. 1-1-94
AFS 17-1993(Temp), f. & cert. ef. 9-1-93
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 16-1990, f. 6-29-90, cert. ef. 7-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-155-0225 Income Standard; REFM

In the REFM program, the adjusted income standard is 200 percent of the federal poverty level, as listed in OAR 461-155-0180, based on the size of the need group (see OAR 461-110-0630).

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404 & 414.231
Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 411.404 & 414.231
SSP 54-2022, minor correction filed 11/07/2022, effective 11/07/2022
SSP 10-2017, f. 3-24-17, cert. ef. 4-1-17
SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 29-2013(Temp), f. & cert. ef. 10-1-13 thru 2-19-14
SSP 22-2013(Temp), f. & cert. ef. 8-23-13 thru 2-19-14
SSP 41-2010, f. 12-30-10, cert. ef. 1-1-11
SSP 31-2010(Temp), f. & cert. ef. 9-15-10 thru 2-12-11
SSP 25-2010(Temp), f. & cert. ef. 8-16-10 thru 2-12-11
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
SSP 29-2009(Temp), f. & cert. ef. 10-1-09 thru 3-30-10
SSP 10-2007, f. & cert. ef. 10-1-07
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06
SSP 1-2006, f. & cert. ef. 1-24-06
SSP 2-2005, f. & cert. ef. 2-18-05
SSP 22-2004, f. & cert. ef. 10-1-04
SSP 8-2004, f. & cert. ef. 4-1-04
SSP 2-2004(Temp), f. & cert. ef. 2-13-04 thru 3-31-04
SSP 7-2003, f. & cert. ef. 4-1-03
SSP 2-2003(Temp), f. & cert. ef. 2-7-03 thru 6-30-03
SSP 1-2003, f. 1-31-03, cert. ef. 2-1-03
AFS 13-2002, f. & cert. ef. 10-1-02
AFS 5-2002, f. & cert. ef. 4-1-02
AFS 6-2001, f. 3-30-01, cert. ef. 4-1-01
AFS 10-2000, f. 3-31-00, cert. ef. 4-1-00
AFS 3-1999, f. 3-31-99, cert. ef. 4-1-99
AFS 10-1998, f. 6-29-98, cert. ef. 7-1-98
AFS 8-1998, f. 4-28-98, cert. ef. 5-1-98
AFS 6-1998(Temp), f. 3-30-98, cert. ef. 4-1-98 thru 5-31-98
AFS 5-1998(Temp), f. & cert. ef. 3-11-98 thru 5-31-98
AFS 4-1998, f. 2-25-98, cert. ef. 3-1-98
AFS 5-1997, f. 4-30-97, cert. ef. 5-1-97
AFS 16-1996, f. 4-29-96, cert. ef. 5-1-96
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 6-1994, f. & cert. ef. 4-1-94
AFS 2-1994, f. & cert. ef. 2-1-94

Or. Admin. R. 461-155-0250 Income and Payment Standard; OSIPM

In the Oregon Supplemental Income Program Medical (OSIPM):

(1) An individual who is assumed eligible per OAR 461-135-0010 is presumed to meet the income limits for the OSIPM program.

(2) An individual meeting the requirements of OAR 461-135-0745 or OAR 461-135-0750, who is not assumed eligible and does not meet the income standards set out in sections (3) or (5) of this rule, must have countable (see OAR 461-001-0000) income that is equal to or less than 300 percent of the full Supplemental Security Income (SSI) standard for a single individual or have established a qualifying trust as specified in OAR 461-145-0540(9)(c).

(3) An individual, other than one identified in sections (1), (2), (5), or (6) of this rule, must have adjusted income (see OAR 461-001-0000) below the standard in this section.

(4) In the OSIPM (except the Oregon Supplemental Income Program Medical-Employed Persons with Disabilities (OSIPM-EPD)), an individual receiving Medicaid services in a nursing facility or an Intermediate Care Facility-Intellectually Disabled (ICF-ID) is allowed the following amounts for clothing and personal incidentals:

(a) For an individual who receives a Veterans (VA) pension based on unreimbursed medical expenses (UME), $90 is allowed.

(b) For all other individuals, $81.28 is allowed.

(c) For an individual identified in subsection (b) of this section with countable income (including any SSI) that is less than $79.07, the payment standard is equal to the difference between the individual's countable income (including any SSI) and $79.07. For the purposes of this subsection, countable income includes income that would otherwise be countable for an individual who is assumed eligible under OAR 461-135-0010.

(5) In the OSIPM-EPD, an individual must have adjusted earned income equal to or below 250 percent of the federal poverty level for a family of one.

(6) An individual who meets the requirements of OAR 461-135-0755, is not assumed eligible, and does not meet the income standard set out in section (3) of this rule, must have adjusted income equal to or below 150 percent of the federal poverty level for a family of one.

History

Statutory/Other Authority: ORS 411.060, ORS 409.050, 411.070, 411.404, 411.704, 411.706, 413.085 & 414.685
Statutes/Other Implemented: ORS 411.060, ORS 409.010, 411.070, 411.404, 411.704, 411.706 & P.L. 92-336
SSP 29-2025, amend filed 12/29/2025, effective 01/01/2026
SSP 61-2024, amend filed 12/30/2024, effective 01/01/2025
SSP 52-2023, amend filed 12/18/2023, effective 01/01/2024
SSP 29-2023, minor correction filed 07/18/2023, effective 07/18/2023
SSP 58-2022, amend filed 12/22/2022, effective 01/01/2023
SSP 5-2022, amend filed 02/02/2022, effective 02/02/2022
SSP 77-2021, temporary amend filed 12/20/2021, effective 01/01/2022 through 06/29/2022
SSP 45-2020, amend filed 12/22/2020, effective 01/01/2021
SSP 26-2019, amend filed 12/27/2019, effective 01/01/2020
SSP 23-2019, amend filed 10/21/2019, effective 10/22/2019
SSP 34-2018, amend filed 12/04/2018, effective 01/01/2019
SSP 28-2018, amend filed 09/06/2018, effective 10/01/2018
SSP 22-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 33-2017, amend filed 12/08/2017, effective 01/01/2018
SSP 23-2017, f. 9-11-17, cert. ef. 10-1-17
SSP 20-2017, f. 8-11-17, cert. ef. 9-1-17
SSP 11-2017(Temp), f. 3-28-17, cert. ef. 4-1-17 thru 9-27-17
SSP 44-2016, f. 12-7-16, cert. ef. 1-1-17
SSP 4-2015, f. & cert. ef. 1-1-15
SSP 24-2014, f. & cert. ef. 10-1-14
SSP 17-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14
SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14
Reverted to SSP 25-2012, f. 6-29-12, cert. ef. 7-1-12
SSP 39-2012(Temp), f. 12-28-12, cert. ef. 1-1-13 thru 6-30-13
SSP 25-2012, f. 6-29-12, cert. ef. 7-1-12
SSP 5-2012(Temp), f. & cert. ef 2-1-12 thru 7-30-12
SSP 35-2011, f. 12-27-11, cert. ef. 1-1-12
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
SSP 13-2009, f. & cert. ef. 7-1-09
SSP 2-2009(Temp), f. 2-27-09, cert. ef. 3-1-09 thru 8-28-09
SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09
SSP 23-2008, f. & cert. ef. 10-1-08
SSP 17-2008, f. & cert. ef. 7-1-08
SSP 6-2008(Temp), f. 2-29-08, cert. ef. 3-1-08 thru 8-28-08
SSP 14-2007, f. 12-31-07, cert. ef. 1-1-08
SSP 10-2007, f. & cert. ef. 10-1-07
SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07
Suspended by SSP 5-2007(Temp), f. 3-30-07, cert. ef. 4-1-07 thru 6-30-07
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
Suspended by SSP 3-2007(Temp), f. & cert. ef. 3-9-07 thru 6-30-07
SSP 2-2007(Temp), f. & cert. ef. 3-1-07 thru 3-31-07
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06
SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06
SSP 4-2006, f. & cert. ef. 3-1-06
SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06
SSP 4-2005, f. & cert. ef. 4-1-05
SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05
SSP 8-2004, f. & cert. ef. 4-1-04
SSP 33-2003, f. 12-31-03, cert. ef. 1-4-04
SSP 26-2003, f. & cert. ef. 10-1-03
SSP 10-2003(Temp), f. & cert. ef. 5-1-03 thru 9-30-03
SSP 7-2003, f. & cert. ef. 4-1-03
AFS 22-2002, f. 12-31-02, cert. ef. 1-1-03
AFS 5-2002, f. & cert. ef. 4-1-02
AFS 27-2001, f. 12-21-01, cert. ef. 1-1-02
AFS 6-2001, f. 3-30-01, cert. ef. 4-1-01
AFS 34-2000, f. 12-22-00, cert. ef. 1-1-01
AFS 10-2000, f. 3-31-00, cert. ef. 4-1-00
AFS 16-1999, f. 12-29-99, cert. ef. 1-1-00
AFS 3-1999, f. 3-31-99, cert. ef. 4-1-99
AFS 1-1999(Temp), f. & cert. ef. 2-1-99 thru 7-31-99
AFS 25-1998, f. 12-28-98, cert. ef. 1-1-99
AFS 24-1997, f. 12-31-97, cert. ef. 1-1-98
AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97
AFS 41-1995, f. 12-26-95, cert. ef. 1-1-96
AFS 29-1994, f. 12-29-94, cert. ef. 1-1-95
AFS 29-1993, f. 12-30-93, cert. ef. 1-1-94
AFS 35-1992, f. 12-31-92, cert. ef. 1-1-93
AFS 25-1991, f. 12-30-91, cert. ef. 1-1-92
AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91
AFS 16-1990, f. 6-29-90, cert. ef. 7-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-155-0270 Room and Board Standard; Community-Based Care

For an individual residing in a community-based care facility (see OAR 461-155-0630(1)), the room and board standard is $773. An individual residing in a community-based care facility must pay room and board.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.704, 411.706, ORS 409.050, 411.404, 413.085 & 414.685
Statutes/Other Implemented: ORS 411.060, 411.070, 411.704, 411.706, ORS 409.010, 411.404 & P.L. 92-336
SSP 29-2025, amend filed 12/29/2025, effective 01/01/2026
SSP 61-2024, amend filed 12/30/2024, effective 01/01/2025
SSP 52-2023, amend filed 12/18/2023, effective 01/01/2024
SSP 58-2022, amend filed 12/22/2022, effective 01/01/2023
SSP 40-2022, amend filed 06/29/2022, effective 07/01/2022
SSP 5-2022, amend filed 02/02/2022, effective 02/02/2022
SSP 77-2021, temporary amend filed 12/20/2021, effective 01/01/2022 through 06/29/2022
SSP 45-2020, amend filed 12/22/2020, effective 01/01/2021
SSP 26-2019, amend filed 12/27/2019, effective 01/01/2020
SSP 34-2018, amend filed 12/04/2018, effective 01/01/2019
SSP 33-2017, amend filed 12/08/2017, effective 01/01/2018
SSP 44-2016, f. 12-7-16, cert. ef. 1-1-17
SSP 4-2015, f. & cert. ef. 1-1-15
SSP 26-2013, f. & cert. ef. 10-1-13
SSP 17-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13
SSP 8-2013, f. & cert. ef. 4-1-13
SSP 1-2013(Temp), f. & cert. ef. 1-8-13 thru 6-30-13
SSP 39-2012(Temp), f. 12-28-12, cert. ef. 1-1-13 thru 6-30-13
SSP 35-2011, f. 12-27-11, cert. ef. 1-1-12
SSP 18-2010, f. & cert. ef. 7-1-10
SSP 39-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10
SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09
SSP 23-2008, f. & cert. ef. 10-1-08
SSP 17-2008, f. & cert. ef. 7-1-08
SSP 14-2007, f. 12-31-07, cert. ef. 1-1-08
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06
SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05
SSP 33-2003, f. 12-31-03, cert. ef. 1-4-04
AFS 22-2002, f. 12-31-02, cert. ef. 1-1-03
AFS 27-2001, f. 12-21-01, cert. ef. 1-1-02
AFS 34-2000, f. 12-22-00, cert. ef. 1-1-01
AFS 13-2000, f. & cert. ef. 5-1-00
AFS 16-1999, f. 12-29-99, cert. ef. 1-1-00
AFS 25-1998, f. 12-28-98, cert. ef. 1-1-99
AFS 24-1997, f. 12-31-97, cert. ef. 1-1-98
AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97
AFS 41-1995, f. 12-26-95, cert. ef. 1-1-96
AFS 29-1994, f. 12-29-94, cert. ef. 1-1-95
AFS 29-1993, f. 12-30-93, cert. ef. 1-1-94
AFS 35-1992, f. 12-31-92, cert. ef. 1-1-93
AFS 8-1992, f. & cert. ef. 4-1-92
AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-155-0290 Income Standard; QMB

The adjusted income standard for the Qualified Medicare Beneficiary (QMB) program is 100 percent of the 2026 federal poverty level.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.404, ORS 409.050, 413.085 & 414.685
Statutes/Other Implemented: ORS 411.060, 411.070, 411.404, ORS 409.010, 42 CFR 400.200 & 42 USC 1396d(p)
SSP 17-2026, amend filed 02/24/2026, effective 03/01/2026
SSP 1-2025, amend filed 02/20/2025, effective 03/01/2025
SSP 15-2024, amend filed 02/27/2024, effective 03/01/2024
SSP 8-2023, amend filed 01/30/2023, effective 03/01/2023
SSP 29-2022, amend filed 02/24/2022, effective 03/01/2022
SSP 3-2021, amend filed 02/11/2021, effective 03/01/2021
SSP 2-2020, amend filed 02/24/2020, effective 03/01/2020
SSP 3-2019, amend filed 02/07/2019, effective 03/01/2019
SSP 8-2018, amend filed 02/15/2018, effective 03/01/2018
SSP 5-2017, f. & cert. ef. 3-1-17
SSP 8-2016, f. 2-18-16, cert. ef. 3-1-16
SSP 8-2015, f. 2-27-15, cert. ef. 3-1-15
SSP 7-2014, f. & cert. ef. 3-7-14
SSP 4-2014(Temp), f. 2-4-14, cert. ef. 3-1-14 thru 8-28-14
SSP 6-2013, f. & cert. ef. 3-1-13
SSP 8-2012, f. & cert. ef. 3-1-12
SSP 17-2011, f. & cert. ef. 7-1-11
SSP 8-2011(Temp), f. & cert. ef. 3-1-11 thru 8-28-11
SSP 13-2009, f. & cert. ef. 7-1-09
SSP 6-2009(Temp), f. & cert. ef. 4-1-09 thru 9-28-09
SSP 8-2008, f. & cert. ef. 4-1-08
SSP 6-2008(Temp), f. 2-29-08, cert. ef. 3-1-08 thru 8-28-08
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
SSP 2-2007(Temp), f.& cert. ef. 3-1-07 thru 3-31-07
SSP 4-2006, f. & cert. ef. 3-1-06
SSP 4-2005, f. & cert. ef. 4-1-05
SSP 8-2004, f. & cert. ef. 4-1-04
SSP 7-2003, f. & cert. ef. 4-1-03
AFS 5-2002, f. & cert. ef. 4-1-02
AFS 6-2001, f. 3-30-01, cert. ef. 4-1-01
AFS 10-2000, f. 3-31-00, cert. ef. 4-1-00
AFS 3-1999, f. 3-31-99, cert. ef. 4-1-99
AFS 8-1998, f. 4-28-98, cert. ef. 5-1-98
AFS 6-1998(Temp), f. 3-30-98, cert. ef. 4-1-98 thru 5-31-98
AFS 5-1997, f. 4-30-97, cert. ef. 5-1-97
AFS 16-1996, f. 4-29-96, cert. ef. 5-1-96
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 6-1994, f. & cert. ef. 4-1-94
AFS 5-1993, f. & cert. ef. 4-1-93
AFS 8-1992, f. & cert. ef. 4-1-92
AFS 9-1991, f. 3-29-91, cert. ef. 4-1-91
AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90
AFS 16-1990, f. 6-29-90, cert. ef. 7-1-90
AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-155-0291 Income Standard; QDWI

The adjusted income standard for the Qualified Disabled and Working Individual (QDWI) program is 200 percent of the 2026 federal poverty level (see OAR 461-155-0290).

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.404, ORS 409.050, 413.085 & 414.685
Statutes/Other Implemented: ORS 411.060, 411.070, 411.404, ORS 409.010, 42 CFR 400.200 & 42 USC 1396d(s)
SSP 17-2026, amend filed 02/24/2026, effective 03/01/2026
SSP 1-2025, amend filed 02/20/2025, effective 03/01/2025
SSP 15-2024, amend filed 02/27/2024, effective 03/01/2024
SSP 8-2023, amend filed 01/30/2023, effective 03/01/2023
SSP 29-2022, amend filed 02/24/2022, effective 03/01/2022
SSP 3-2021, amend filed 02/11/2021, effective 03/01/2021
SSP 2-2020, amend filed 02/24/2020, effective 03/01/2020
SSP 3-2019, amend filed 02/07/2019, effective 03/01/2019
SSP 8-2018, amend filed 02/15/2018, effective 03/01/2018
SSP 5-2017, f. & cert. ef. 3-1-17
SSP 8-2016, f. 2-18-16, cert. ef. 3-1-16
SSP 8-2015, f. 2-27-15, cert. ef. 3-1-15
SSP 7-2014, f. & cert. ef. 3-7-14
SSP 4-2014(Temp), f. 2-4-14, cert. ef. 3-1-14 thru 8-28-14
SSP 6-2013, f. & cert. ef. 3-1-13
SSP 8-2012, f. & cert. ef. 3-1-12
SSP 17-2011, f. & cert. ef. 7-1-11
SSP 8-2011(Temp), f. & cert. ef. 3-1-11 thru 8-28-11
SSP 13-2009, f. & cert. ef. 7-1-09
SSP 6-2009(Temp), f. & cert. ef. 4-1-09 thru 9-28-09
SSP 8-2008, f. & cert. ef. 4-1-08
SSP 6-2008(Temp), f. 2-29-08, cert. ef. 3-1-08 thru 8-28-08
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
SSP 2-2007(Temp), f.& cert. ef. 3-1-07 thru 3-31-07
SSP 4-2006, f. & cert. ef. 3-1-06
SSP 4-2005, f. & cert. ef. 4-1-05
SSP 8-2004, f. & cert. ef. 4-1-04
SSP 7-2003, f. & cert. ef. 4-1-03
AFS 5-2002, f. & cert. ef. 4-1-02
AFS 6-2001, f. 3-30-01, cert. ef. 4-1-01
AFS 10-2000, f. 3-31-00, cert. ef. 4-1-00
AFS 3-1999, f. 3-31-99, cert. ef. 4-1-99
AFS 8-1998, f. 4-28-98, cert. ef. 5-1-98
AFS 6-1998(Temp), f. 3-30-98, cert. ef. 4-1-98 thru 5-31-98
AFS 5-1997, f. 4-30-97, cert. ef. 5-1-97
AFS 16-1996, f. 4-29-96, cert. ef. 5-1-96
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 6-1994, f. & cert. ef. 4-1-94
AFS 5-1993, f. & cert. ef. 4-1-93
AFS 8-1992, f. & cert. ef. 4-1-92
AFS 9-1991, f. 3-29-91, cert. ef. 4-1-91
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90

Or. Admin. R. 461-155-0295 Income Standard; SLMB, QI

(1) Eligibility for the Specified Low Income Medicare Beneficiary (SLMB) program requires income greater than 100 percent (see OAR 461-155-0290) but less than 120 percent of the federal poverty level. The adjusted income standard for SLMB is 120 percent of the 2026 federal poverty level.

(2) Eligibility for the Qualifying Individual (QI) program requires income equal to or greater than 120 percent (see section (1) of this rule) but less than 135 percent of the federal poverty level. The adjusted income standard for QI is 135 percent of the 2026 federal poverty level.

History

Statutory/Other Authority: ORS 411.060, 411.070, ORS 409.050, 413.085 & 414.685
Statutes/Other Implemented: ORS 411.060, 411.070, ORS 409.010 & 42 USC 1396a(10)(E)(iii)-(iv)
SSP 17-2026, amend filed 02/24/2026, effective 03/01/2026
SSP 1-2025, amend filed 02/20/2025, effective 03/01/2025
SSP 15-2024, amend filed 02/27/2024, effective 03/01/2024
SSP 8-2023, amend filed 01/30/2023, effective 03/01/2023
SSP 29-2022, amend filed 02/24/2022, effective 03/01/2022
SSP 3-2021, amend filed 02/11/2021, effective 03/01/2021
SSP 2-2020, amend filed 02/24/2020, effective 03/01/2020
SSP 3-2019, amend filed 02/07/2019, effective 03/01/2019
SSP 8-2018, amend filed 02/15/2018, effective 03/01/2018
SSP 5-2017, f. & cert. ef. 3-1-17
SSP 8-2016, f. 2-18-16, cert. ef. 3-1-16
SSP 8-2015, f. 2-27-15, cert. ef. 3-1-15
SSP 7-2014, f. & cert. ef. 3-7-14
SSP 4-2014(Temp), f. 2-4-14, cert. ef. 3-1-14 thru 8-28-14
SSP 6-2013, f. & cert. ef. 3-1-13
SSP 8-2012, f. & cert. ef. 3-1-12
SSP 17-2011, f. & cert. ef. 7-1-11
SSP 8-2011(Temp), f. & cert. ef. 3-1-11 thru 8-28-11
SSP 13-2009, f. & cert. ef. 7-1-09
SSP 6-2009(Temp), f. & cert. ef. 4-1-09 thru 9-28-09
SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09
SSP 23-2008, f. & cert. ef. 10-1-08
SSP 8-2008, f. & cert. ef. 4-1-08
SSP 6-2008(Temp), f. 2-29-08, cert. ef. 3-1-08 thru 8-28-08
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
SSP 2-2007(Temp), f.& cert. ef. 3-1-07 thru 3-31-07
SSP 4-2006, f. & cert. ef. 3-1-06
SSP 4-2005, f. & cert. ef. 4-1-05
SSP 8-2004, f. & cert. ef. 4-1-04
SSP 7-2003, f. & cert. ef. 4-1-03
AFS 22-2002, f. 12-31-02, cert. ef. 1-1-03
AFS 19-2002(Temp), f. 12-10-02, cert. ef. 1-1-03 thru 5-31-03
AFS 5-2002, f. & cert. ef. 4-1-02
AFS 6-2001, f. 3-30-01, cert. ef. 4-1-01
AFS 10-2000, f. 3-31-00, cert. ef. 4-1-00
AFS 3-1999, f. 3-31-99, cert. ef. 4-1-99
AFS 8-1998, f. 4-28-98, cert. ef. 5-1-98
AFS 6-1998(Temp), f. 3-30-98, cert. ef. 4-1-98 thru 5-31-98
AFS 24-1997, f. 12-31-97, cert. ef. 1-1-98
AFS 5-1997, f. 4-30-97, cert. ef. 5-1-97
AFS 16-1996, f. 4-29-96, cert. ef. 5-1-96
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 29-1994, f. 12-29-94, cert. ef. 1-1-95
AFS 6-1994, f. & cert. ef. 4-1-94
AFS 5-1993, f. & cert. ef. 4-1-93
AFS 35-1992, f. 12-31-92, cert. ef. 1-1-93

Or. Admin. R. 461-155-0310 Special Shelter Allowance; REF, TANF

The Special Shelter Allowance is included in the REF and TANF Payment. It is an advance of the ERA refund per ORS 412.155:

Special Shelter Allowance:

No. in Need Group — Amount

1 — $22.35.

2 — 22.35.

3 — 21.14.

4 — 20.34.

5 — 19.53.

6 — 18.73.

7 — 17.92.

8 — 17.12.

9 — 16.32.

10 or more — 14.71.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.081, 411.085, 412.006, 412.049 & 412.155
Statutes/Other Implemented: ORS 411.060, 411.070, 411.081, 411.085, 412.006, 412.049 & 412.155
AFS 13-1992, f. & cert. ef. 5-1-92
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-155-0320 Payment Standard; SFPSS

In the State Family Pre-SSI/SSDI (SFPSS) program the following payment standards apply:

(1) When one adult (see section (5) of this rule) in the benefit group (see OAR 461-110-0750) is applying for Supplemental Security Income (SSI): [see attached table]

(2) When there are two individuals in the benefit group who are either a parent (see OAR 461-001-0000) or a caretaker relative (see OAR 461-001-0000), and one of them is an adult and applying for SSI: [see attached table]

(3) When two adults (see section (5) of this rule) in the benefit group are applying for SSI: [see attached table]

(4) The standard for eleven individuals or more in the benefit group is the sum of the Adults Amount for ten individuals in the benefit group , plus $110 for each additional individual in the benefit group . (The additional adult portion in sections (1), (2), and (3) would be $110.)

(5) For purposes of this rule, “adult” means an individual who is age 18 years or older, and either a parent or caretaker relative .

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 412.006, 412.014 & 412.049
Statutes/Other Implemented: ORS 409.050, 411.060, 411.070, 412.006, 412.014 & 412.049
SSP 60-2024, amend filed 12/30/2024, effective 01/01/2025
SSP 14-2019, amend filed 06/11/2019, effective 07/01/2019
SSP 35-2011, f. 12-27-11, cert. ef. 1-1-12
SSP 24-2011(Temp), f. & cert. ef. 8-19-11 thru 2-15-12
SSP 41-2010, f. 12-30-10, cert. ef. 1-1-11
SSP 26-2010(Temp), f. & cert. ef. 8-16-10 thru 2-12-11
SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09
SSP 23-2008, f. & cert. ef. 10-1-08
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 15-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 3-29-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08

Or. Admin. R. 461-155-0350 Minimum Contribution Standard

The Minimum Contribution Standard is used to determine which portion of a lodger's income is excluded for REF, REFM, and TANF. [Table not included. See ED. NOTE.]

[ED. NOTE: Tables referenced are available from the agency.]

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.081, 411.083, 411.085, 411.404, 412.006 & 412.049
Statutes/Other Implemented: ORS 411.070, 411.081, 411.083, 411.085, 411.404, 412.006 & 412.049
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97
AFS 16-1991, f. 8-27-91, cert. ef. 9-1-91
AFS 12-1991(Temp), f. & cert. ef. 7-1-91
AFS 16-1990, f. 6-29-90, cert. ef. 7-1-90

Or. Admin. R. 461-155-0500 Special Needs; Overview

(1) Ongoing special needs are needs that last several months at a consistent cost. Examples are special diets and accommodation allowances. OAR 461-155-0010 is used to determine how special needs are considered for each program.

(2) To be eligible for a special need item, an individual may not have any other available resources in the community or natural support system to meet the need, excluding resources used in determining eligibility.

(3) To be eligible for a special need item, an individual may not be eligible for the item through Medicare, Medicaid, or any other medical coverage.

(4) An individual may be eligible for an ongoing special need item if providing the ongoing special need item is authorized in lieu of additional provider service hours pursuant to OAR 411-030-0002 to 411-030-0090 and is more cost-effective.

(5) The Department may authorize payment for one-time and ongoing special needs for the following, in accordance with OAR 461-155-0510 to 461-155-0710:

(a) One-time needs for the following:

(A) Community-based care facility (see OAR 461-155-0630) room and board.

(B) Community transition services (see OAR 461-155-0526).

(D) Home repairs (see OAR 461-155-0600).

(E) Moving costs (see OAR 461-155-0610).

(F) Property taxes (see OAR 461-155-0620).

(b) Ongoing needs for the following:

(A) Accommodation allowances (see OAR 461-155-0660).

(B) Food for guide dogs and special assistance animals (see OAR 461-155-0530).

(D) Laundry allowances (see OAR 461-155-0580).

(E) Personal incidentals and room and board allowance (see OAR 461-155-0700).

(F) Special diet allowances (see OAR 461-155-0670).

(G) Supplemental Communication Allowance (see OAR 461-155-0680).

(H) Prescription drug co-pay coverage (see OAR 461-155-0688).

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.706, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 411.404 & 411.706
SSP 65-2021, minor correction filed 12/14/2021, effective 12/14/2021
SSP 22-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 9-2012, f. 3-29-12, cert. ef. 4-1-12
SSP 18-2010, f. & cert. ef. 7-1-10
SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09
SSP 21-2008(Temp), f. & cert. ef. 10-1-08 thru 1-28-09
SSP 18-2008(Temp), f. & cert. ef. 8-1-08 thru 1-28-09
SSP 17-2008, f. & cert. ef. 7-1-08
SSP 17-2004, f. & cert. ef. 7-1-04
SSP 11-2003, f. & cert. ef. 5-1-03
AFS 16-2002(Temp), f. & cert. ef. 11-1-02 thru 4-30-03
AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00
AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97
AFS 23-1995, f. 9-20-95, cert. ef. 10-1-95
AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-155-0510 Special Need in Combined OSIP/REF/TANF Cases

(1) For OSIP and OSIPM families who receive other cash program benefits, any special need that can be met through the other benefit payment will not be met in the OSIP benefit.

(2) When a special need item is for an individual, rather than a benefit group, include the special need item in the program from which the individual is receiving benefits.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.081, 411.083, 411.085, 411.404, 411.706, 411.816, 412.006, 412.014 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.070, 411.081, 411.083, 411.085, 411.404, 411.706, 411.816, 412.006, 412.014 & 412.049
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-155-0526 Special Need; Community Transition Services; OSIP and OSIPM

In the OSIP and OSIPM programs:

(1) When an individual who has been admitted as an inpatient is leaving a psychiatric hospital or is being transitioned out of a nursing facility:

(a) The Department may authorize one-time payments for allowable expenses necessary to set up housing in Oregon in the individual’s own home or apartment, or a community-based care facility.

(b) Payments made to a community-based care facility under subsection (a) of this section may only be made if the facility is not required to provide the item covered by the payment by contract or by the administrative rules governing assisted living facilities (OAR 411-054-0000 to 411-054-0300). Payments are allowed only for an individual leaving a psychiatric hospital or nursing facility and returning to the community if the individual meets the criteria for one of the service priority levels served by the Department according to OAR 411-015-0015(1).

(2) An individual eligible for transition services under OAR 411-035-0070 is ineligible for payments under this rule.

(3) Examples of allowable expenses are expenses for: moving belongings; housing security deposits; essential furnishings; eating utensils; food preparation items; deposits for utility hook-ups for heat, electricity, and telephone; climate control; and health and safety measures such as pest eradication or allergen control.

(4) Expenses not allowed include: ongoing housing or utility payments; and recreational items such as a television, cable, or internet access.

(5) Payment will be authorized only for the minimum amount necessary to establish the individual’s basic living arrangement.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.010, 411.060, 411.070 & 411.404
SSP 28-2018, amend filed 09/06/2018, effective 10/01/2018
SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09
SSP 18-2008(Temp), f. & cert. ef. 8-1-08 thru 1-28-09
SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06
SSP 6-2004, f. & cert. ef. 4-1-04
SSP 35-2003(Temp), f. 12-31-03 cert. ef. 1-1-04 thru 3-31-04
SSP 33-2003, f. 12-31-03, cert. ef. 1-4-04
SSP 29-2003(Temp), f. 10-31-03, cert. ef. 11-1-03 thru 3-31-04
SSP 11-2003, f. & cert. ef. 5-1-03
AFS 16-2002(Temp), f. & cert. ef. 11-1-02 thru 4-30-03

Or. Admin. R. 461-155-0530 Special Need; Food for Guide Dogs and Special Assistance Animals

(1) For an OSIP or OSIPM program client receiving SSI, having an adjusted income less than the OSIPM program standard under OAR 461-155-0250, or receiving home and community-based care (see OAR 461-001-0030), a food allowance is allowed for guide dogs and special assistance animals that are individually trained to:

(a) Meet the client's specific medical needs by performing tasks, such as alerting and protecting a client who is having a seizure; or

(b) Perform specific physical tasks that the client is unable to do, such as picking up items that are dropped, turning on light switches, and pulling a wheelchair.

(2) The maximum amount the Department authorizes for this special need is $50 per month.

(3) Authorization of this special need must be based on a proven medical need to sustain the client's independence.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060 & 411.706
SSP 26-2013, f. & cert. ef. 10-1-13
SSP 17-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
SSP 4-2005, f. & cert. ef. 4-1-05
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-155-0575 Special Need; In-home Supplement; OSIPM

In the OSIPM program:

(1) The Department may provide a monthly supplementary payment for an individual who meets the requirements of all of the following subsections:

(a) The individual must receive SSI as his or her only source of countable (see OAR 461-001-0000) income.

(b) The individual must receive home and community-based care (see OAR 461-001-0030) in-home services or State Plan Personal Care Services authorized under OAR chapter 411, division 034.

(2) An individual eligible under section (1) of this rule receives a $22 monthly payment. The payment is considered reimbursement for uncovered assistance needs.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.404, 411.706, 413.085 & 414.685
Statutes/Other Implemented: ORS 411.060, 411.070, 411.083, 411.404, 411.704, 411.706, 413.085 & 414.685
SSP 35-2015, f. 12-23-15, cert. ef. 1-1-16
SSP 26-2013, f. & cert. ef. 10-1-13
SSP 18-2013(Temp), f. 7-31-13, cert. ef. 8-1-13 thru 12-28-13
SSP 17-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13
SSP 8-2013, f. & cert. ef. 4-1-13
SSP 33-2012(Temp), f. 10-31-12, cert. ef. 11-1-12 thru 4-30-13
Reverted to SSP 17-2011, f. & cert. ef. 7-1-11
SSP 31-2011(Temp), f. & cert. ef. 12-1-11 thru 1-11-12
SSP 21-2011(Temp), f. & cert. ef. 7-15-11 thru 1-11-12
SSP 17-2011, f. & cert. ef. 7-1-11
SSP 11-2011(Temp), f. 3-31-11, cert. ef. 4-1-11 thru 9-28-11

Or. Admin. R. 461-155-0580 Special Need; Laundry Allowances

(1) OSIP and OSIPM clients who are receiving SSI or home and community-based care (see OAR 461-001-0030) or have adjusted income less than the OSIPM program income standard under OAR 461-155-0250 are eligible for a laundry allowance if they have proven, excessive, coin-operated laundry facility costs and do not:

(a) Have their own laundry facilities; or

(b) Reside in an adult foster home, assisted living facility, nursing facility, residential care facility, or specialized living facility, unless the specialized living facility is apartment based.

(2) This allowance may not exceed the amount required to wash and dry the laundry of the client.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060 & 411.706
SSP 14-2017, f. 6-5-17, cert. ef. 7-1-17
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 26-2013, f. & cert. ef. 10-1-13
SSP 17-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-155-0600 Special Need; Home Repairs; OSIPM

In the Oregon Supplemental Income Program Medical (OSIPM), for an individual eligible to receive in-home services under OAR chapter 411 division 030, the Department (see OAR 461-001-0000) may authorize a special need payment for home repairs for homeowners or buyers as a one-time special need within the following limits:

(1) The repairs must be needed to remove a physical hazard to the health and safety of the individual.

(2) Payment for repairs authorized by this rule:

(a) Is limited to the least expensive means possible;

(b) May not exceed $1,000 in any 24-month period; and

(c) When the home is jointly owned, is limited to a percentage of the cost of the repairs equal to the percentage of individual ownership.

(3) The repairs must cost less than moving to another home.

(4) Payment is limited to the lowest possible cost that will provide adequate facilities. The individual must provide three competitive bids for the repairs, unless there are not three providers of the service in the local area.

(5) Before approving payment for repairs or new installations, the Department must consider the use value and determine whether it is consistent with the service plan for the individual to remain in the house.

(6) Providers of the repairs or new installations must ensure that the work being completed meets current building codes.

(7) Payment is only made for home adaptations performed by a licensed and bonded construction contractor.

(8) Repairs or replacements include, but are not limited to:

(a) Electrical wiring that does not constitute conversion to electrical space heating but that is needed:

(A) To avoid condemnation; or

(B) To remove a definite fire or shock hazard as documented by appropriate public officials.

(b) Plumbing, but not including the costs of plumbing items with which the house is not already equipped except that a toilet may be paid for when newly required by the creation or extension of a sewer district. Examples of what plumbing-related items may be covered include:

(A) Toilets and sinks.

(B) Cleaning or replacing septic tanks or cesspools.

(C) Installing sewer connections from house to street, but not sewer installation, if required by the creation of a new sewer district or the extension of an existing district.

(c) Repair or replacement of existing electric pumps for wells needed to continue the water supply. This does not include drilling a new well.

(d) Heating equipment, repair of heating stoves, furnaces and water heaters and, if repair is not possible, replacement with the least expensive adequate equipment.

(e) Repair of roofs.

(f) Repair or replacement of steps and repair of floors.

(9) An individual with a life estate is not eligible for this special need allowance. The person who will benefit from the life estate, following the death of the individual, is considered responsible for the home repairs.

(10) When a home is jointly owned by an institutionalized spouse (see OAR 461-001-0030) receiving in-home services under OAR chapter 411 division 030 and a community spouse (see OAR 461-001-0030), subsection (2)(c) of this rule may be waived by the Department if requiring the community spouse to pay a percentage of the costs of the repairs would impose an undue hardship on the individual.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.706, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 411.404, 411.706, 413.085 & 414.685
SSP 29-2025, amend filed 12/29/2025, effective 01/01/2026
SSP 23-2017, f. 9-11-17, cert. ef. 10-1-17
SSP 14-2017, f. 6-5-17, cert. ef. 7-1-17
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09
SSP 18-2008(Temp), f. & cert. ef. 8-1-08 thru 1-28-09
SSP 11-2003, f. & cert. ef. 5-1-03
AFS 16-2002(Temp), f. & cert. ef. 11-1-02 thru 4-30-03
AFS 23-1995, f. 9-20-95, cert. ef. 10-1-95
AFS 13-1995, f. 6-29-95, cert. ef. 7-1-95
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-155-0610 Special Need; Moving Costs; OSIP and OSIPM

For clients who are 18 years of age or older in the OSIP and OSIPM programs:

(1) The Department will authorize payment for the cost of moving a client's household effects as a one-time special need if the requirements of at least one of the following subsections are met:

(a) Moving is essential to provide nonhazardous housing. "Hazardous" housing means a building so deteriorated and unsafe that it is uninhabitable or subject to condemnation. If no official certification to that effect can be obtained, the condition of the dwelling must have been seen by a Department employee and documented in the case record.

(b) The client has been evicted for reasons other than his or her own neglect or failure to make rent or house payments.

(c) The move is necessary to protect the safety of the client and is a result of the client being the victim of domestic violence (see OAR 461-001-0000) or abuse (see OAR 411-020-0002).

(d) For a client in a nonstandard living arrangement (see OAR 461-001-0000), a move is necessary because the level of services of the client increases or decreases.

(e) The needs of the client would be better met out of state.

(2) Payment for moving costs authorized by this rule:

(a) May be authorized for not more than one move in any 12-month period;

(b) Is limited to the least expensive means possible; and

(3) Payments necessary for a one-time move may be made over a period not to exceed 30 consecutive days.

(4) A filing group that has received a payment for moving costs under this rule is not eligible for a moving cost payment again until the first day of the 12th month following the receipt by the filing group of the most recent payment for moving costs.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.706, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 411.404, 411.704 & 411.706
SSP 23-2017, f. 9-11-17, cert. ef. 10-1-17
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 25-2011, f. 9-30-11, cert. ef. 10-1-11
SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09
SSP 18-2008(Temp), f. & cert. ef. 8-1-08 thru 1-28-09
SSP 11-2003, f. & cert. ef. 5-1-03
AFS 16-2002(Temp), f. & cert. ef. 11-1-02 thru 4-30-03
AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-155-0620 Special Need; Property Taxes

(1) OSIP and OSIPM clients who are homeowners or buyers are allowed a special need of one year in an amount equal to the cost of delinquent real property taxes, penalties and interest, if needed to prevent imminent foreclosure (see section (4) of this rule).

(2) Clients whose property taxes have not been paid and who are eligible for the Oregon Property Tax Deferral Program must opt to defer property taxes. If necessary, the state may provide payment for back property taxes, to bring the tax current, to allow clients to defer their ongoing property taxes.

(3) Clients who have not chosen to defer their property taxes and whose property taxes have not been paid will not receive a property tax special need payment unless an exception is authorized by the Department's Estate Administration Unit. The exception will be based on the value of the property, the potential of foreclosure, and the potential of an Estate Administration Unit recovery of such property.

(4) Imminent foreclosure is indicated by a formal notice of foreclosure.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.706, 411.710, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 411.404, 411.706, 411.710, 413.085 & 414.685
SSP 14-2017, f. 6-5-17, cert. ef. 7-1-17
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-155-0630 Special Need; Community-Based Care; OSIPM

In the Oregon Supplemental Income Program Medical (OSIPM) program:

(1) An individual is considered living in a community-based care (see OAR 461-001-0000)facility if the individual resides at one of the following care settings licensed by the Department:

(a) Adult Foster Home.

(b) Residential Care Facility.

(d) Specialized Living Facility.

(e) Group Care Home.

(2) If an individual who meets the applicable income requirements begins living in a community-based care facility :

(a) Payment for room and board may be authorized during the month of admission at the initial placement, limited to the approved rate.

(b) Room and board payments may be paid to the community-based care facility during the temporary absence of the individual subject to the following provisions:

(A) Payment for room and board may be initially authorized for up to three months, starting with the month in which the absence began, if all of the following criteria are met:

(i) The absence occurs because the individual is admitted to a hospital or nursing home.

(ii) The Department determines the intent of the individual to return to the community-based care facility .

(iii) The community-based care facility is willing to accept the room and board payment.

(iv) The individual does not have sufficient income to pay room and board after contributing available income to the liability (see OAR 461-160-0620), to the extent one is owed.

(B) If additional time is needed and the individual continues to meet criteria under paragraph (A) of this subsection, a payment extension of up to three months may be approved in writing by a local office supervisor.

(3) Spouses who each receive Supplemental Security Income (SSI) and receive services in a community-based care facility are eligible for a payment in the amount that equals the difference between the OSIPM standard for a one-person need group (see OAR 461-110-0630) and the individual's total countable (see OAR 461-001-0000) income. If one spouse (see OAR 461-001-0000) has income above the OSIPM standard, the excess income is applied to the countable income of the other spouse .

(4) Payment for room and board may be authorized for up to three months for an individual who cannot access income due to incapacity subject to the following provisions:

(a) Payment under this section is subject to approval by the APD Medicaid Financial Eligibility policy unit.

(b) The individual must meet all of the following requirements:

(A) When the individual is determined eligible for community-based care , the individual has no legal or financial representative.

(B) Payment for room and board is necessary to secure placement.

(c) The payment may be extended past the initial three months if the APD Medicaid Financial Eligibility policy unit determines additional time is needed to establish a legal or financial representative.

(d) The payment is the difference between the countable income and the room and board standard under OAR 461-155-0270.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.404, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.010, 411.060, 411.404, 413.085 & 414.685
SSP 11-2025, amend filed 06/23/2025, effective 07/01/2025
SSP 55-2024, amend filed 09/30/2024, effective 10/01/2024
SSP 58-2022, amend filed 12/22/2022, effective 01/01/2023
SSP 74-2021, minor correction filed 12/15/2021, effective 12/15/2021
SSP 71-2021, minor correction filed 12/14/2021, effective 12/14/2021
SSP 22-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 14-2017, f. 6-5-17, cert. ef. 7-1-17
SSP 26-2013, f. & cert. ef. 10-1-13
SSP 17-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
SSP 10-2007, f. & cert. ef. 10-1-07
SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06
SSP 22-2004, f. & cert. ef. 10-1-04
AFS 13-1994, f. & cert. ef. 7-1-94
AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92
AFS 16-1991, f. 8-27-91, cert. ef. 9-1-91
AFS 12-1991(Temp), f. & cert. ef. 7-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-155-0660 Special Need; Accommodation Allowance

Retroactively effective July 6, 2020, an OSIPM recipient may receive an accommodation allowance as follows:

(1) Temporary absence of individual from home.

(a) A temporary accommodation allowance may be authorized if an individual meets all the following requirements:

(A) The individual owns, rents or leases a primary residence.

(B) The individual leaves his or her home or rental property and temporarily receives services in a hospital, nursing facility, residential care facility, assisted living facility, adult foster home, specialized living facility or state psychiatric institution.

(C) Except for a temporary absence from the primary residence, the individual must be eligible to receive in-home services under OAR chapter 411 division 030.

(D) The individual cannot afford to keep the home or rental property without the allowance.

(E) The individual will be able to return home or rental property within six months of leaving, according to a written statement from a primary practitioner, RN, or PAS (pre-admission screening) RN.

(F) The home or rental property will accommodate the service plan of the individual when the individual returns.

(b) The allowance may be authorized for six months. If, after six months, the individual continues to meet the criteria in subsection (a) of this section, an extension may be approved in writing by a supervisor.

(c) The accommodation allowance equals the total of the individual’s housing cost, including taxes and homeowners insurance, plus the limited standard utility allowance for the SNAP program provided in OAR 461-160-0420.

(2) Disability-associated accommodation allowance.

(a) In order to be eligible for an accommodation allowance under this section, an individual must meet the requirements of each of the following paragraphs:

(A) The individual must meet the requirements of at least one of the following subparagraphs:

(i) Receive SSI.

(ii) Have adjusted income less than the OSIPM program income standard.

(iii) Be receiving or be eligible to receive home and community-based care in-home services under OAR chapter 411 division 030 and be 18 years of age or older

(B) The individual’s shelter costs exceed $451 for a one-person need group or $559 for a two-person need group; and

(b) The amount of the accommodation allowance is limited to the amount of the increase in housing cost associated with the individual’s access needs.

(3) Accommodation allowance based on increased costs associated with an individual’s need for a home with an additional bedroom for a service provider.

(a) In order to be eligible for an accommodation allowance under this section, an individual must meet the requirements of all of the following paragraphs:

(A) Receive in-home services under OAR Chapter 411 Division 030.

(B) Require full assistance in at least four of the six activities of daily living as determined by the assessment described in OAR Chapter 411 Division 015.

(C) Receive services from one or more homecare workers who routinely sleep at the individual’s home as part of the individual’s service plan.

(b) The amount of the accommodation allowance is the limited standard utility allowance for the SNAP program under OAR 461-160-0420 plus:

(A) One-third of the monthly rental cost; or

(B) One-third of the monthly payment on the property agreement (including mortgage, trust deed, or land sale contract). The property agreement is the agreement existing at the time the individual is approved for the accommodation allowance. The accommodation allowance for the housing portion ends if the debt is refinanced, unless the refinancing was done only to reduce the original property agreement’s interest rate or total monthly payment amount and the owner realized no direct or indirect payment of the home’s equity value is from the refinancing.

(i) If the refinancing requirement is met under this paragraph, the amount of the accommodation allowance is one-third of the refinanced property agreement amount plus the limited standard utility allowance under OAR 461-160-0420.

(ii) If the refinancing requirement under this paragraph is not met and the housing portion of the accommodation allowance ends, the individual remains eligible only for the limited standard utility allowance portion under OAR 461-160-0420.

(4) Special requirements.

(a) An individual who rents and qualifies for an allowance under section (2) or (3) of this rule must take the steps necessary to obtain subsidized housing under any federal or state housing program. An individual who fails, at any time, to take the steps necessary to obtain reasonably available subsidized housing is ineligible for the allowance. An individual who has been denied or revoked from participation in any rent subsidy program based on the individual’s own actions is ineligible for benefits under this rule.

(b) An individual who rents housing and refuses subsidized housing will no longer be eligible for an accommodation allowance, except that if the housing that is offered is not suitable, related to accommodations, and the individual continues to have increased costs related to accommodations in the individual’s current living situation, the accommodation allowance may continue until such time as appropriate subsidized housing is found.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.704, 411.706, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 411.404, 411.704 & 411.706
SSP 21-2020, amend filed 07/08/2020, effective 07/08/2020
SSP 33-2017, amend filed 12/08/2017, effective 01/01/2018
SSP 24-2017(Temp), f. 9-14-17, cert. ef. 10-1-17 thru 3-29-18
SSP 20-2017, f. 8-11-17, cert. ef. 9-1-17
SSP 11-2017(Temp), f. 3-28-17, cert. ef. 4-1-17 thru 9-27-17
SSP 26-2013, f. & cert. ef. 10-1-13
SSP 17-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13
SSP 25-2011, f. 9-30-11, cert. ef. 10-1-11
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
SSP 13-2009, f. & cert. ef. 7-1-09
SSP 23-2008, f. & cert. ef. 10-1-08
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 22-2004, f. & cert. ef. 10-1-04
AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00
AFS 9-1999, f. & cert. ef. 7-1-99
AFS 3-1999, f. 3-31-99, cert. ef. 4-1-99
AFS 1-1999(Temp), f. & cert. ef. 2-1-99 thru 7-31-99
AFS 23-1995, f. 9-20-95, cert. ef. 10-1-95
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92
AFS 16-1991, f. 8-27-91, cert. ef. 9-1-91
AFS 12-1991(Temp), f. & cert. ef. 7-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-155-0670 Special Need; Special Diet Allowance

(1) In the OSIPM program, an individual receiving any of the following is ineligible for a special diet allowance:

(a) Room and board.

(b) Residential care facility services or assisted living facility services.

(d) Adult foster care services.

(e) An allowance for restaurant meals.

(f) A commercial food preparation diet.

(2) An individual in the OSIPM program receiving Supplemental Security Income (SSI), having an adjusted income less than the OSIPM program income standard under OAR 461-155-0250, or receiving in-home services under OAR 411-030 -- is eligible for a special diet allowance if all of the following requirements are met:

(a) The Department must receive verification, as documented by a Department-approved medical authority (see OAR 461-125-0830), of all of the following:

(A) The individual must adhere to a special diet.

(B) The individual’s specific nutritional need (such as low carbohydrates, high protein).

(b) A licensed dietitian must provide written documentation of the following, and a copy must be provided to the Department:

(A) The individual’s current diet items being replaced or removed, if any;

(B) The special diet items being added, relating to the individual’s specific nutritional need described in paragraph (a)(B) of this section; and

(A) Verification of the monthly cost for any current diet item being replaced or removed, and

(B) The monthly cost of any special diet item being added.

(3) The amount of a special diet allowance is calculated as follows:

(a) The special diet allowance is the monthly cost of the special diet items, less the monthly cost of the current diet items being replaced or removed. If no items are being replaced or removed, the allowance is the actual monthly cost of the special diet items.

(b) In the OSIPM program, a monthly amount over $300.00 must be authorized by the APD Medicaid Financial Eligibility policy unit.

(4) Local management staff must approve or deny any request for a special diet allowance provided under subsection (3)(a) of this rule.

(5) Each special diet allowance must be reviewed and reauthorized annually.

(6) Special diet items must be purchased at the lowest cost available for that item.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 412.014, 412.049, 413.085 & 414.685
Statutes/Other Implemented: ORS 411.060, 411.070, 411.404, 411.706, 412.014, 412.049, 413.085 & 414.685
SSP 39-2024, minor correction filed 05/13/2024, effective 05/13/2024
SSP 35-2022, amend filed 04/28/2022, effective 05/01/2022
SSP 75-2021, temporary amend filed 12/16/2021, effective 12/16/2021 through 06/13/2022
SSP 8-2019, amend filed 03/13/2019, effective 04/01/2019
SSP 14-2017, f. 6-5-17, cert. ef. 7-1-17
SSP 11-2017(Temp), f. 3-28-17, cert. ef. 4-1-17 thru 9-27-17
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
SSP 17-2004, f. & cert. ef. 7-1-04
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-155-0680 Special Need — Supplemental Communication Allowance; OSIPM

In the OSIPM program:

(1) The Department provides a communication allowance to clients meeting the requirements of at least one of the following subsections if the client is 18 years of age or older and unable to leave the residence of the client due to a documented medical condition without the assistance of another person:

(a) Clients receiving SSI.

(b) Clients whose adjusted income is less than the OSIPM program standard under OAR 461-155-0250.

(2) The communication allowance may cover the following costs:

(a) The least expensive appropriate monthly telephone service or the basic monthly rate, whichever is less.

(b) The cost of telephone adaptive equipment, if the client has a medically documented need (for instance, TDD, a special headset, dialing mechanism, or emergency response system).

(d) Broadband internet service.

(3) A client described in section (1) of this rule is ineligible for a communication allowance unless the client applies for or receives payments through the Oregon Lifeline program.

(4) Communication allowances are limited to no more than $25 per month per client.

(5) Each client eligible under section (1) of this rule may receive a single communication allowance. The communication allowance is valid for either telephone service or broadband service.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.706, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 411.404, 411.704 & 411.706
SSP 23-2017, f. 9-11-17, cert. ef. 10-1-17
SSP 30-2012, f. 9-28-12, cert. ef. 10-1-12
SSP 25-2011, f. 9-30-11, cert. ef. 10-1-11
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
SSP 10-2007, f. & cert. ef. 10-1-07
SSP 33-2003, f. 12-31-03, cert. ef. 1-4-04
AFS 22-2002, f. 12-31-02, cert. ef. 1-1-03
AFS 29-1994, f. 12-29-94, cert. ef. 1-1-95
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-155-0688 Prescription Drug Co-pay Coverage

In the OSIPM program for a client who is receiving SSI:

(1) The Department will provide a payment for all Medicare Part D or Veteran's Administration Health Care prescription co-pays if a client's co-pays exceed $10 per month.

(2) Payment for Medicare Part D co-pays is limited to the current Low-Income Subsidy (LIS) program amounts for a fully dual eligible individual under 100 percent of the Federal Poverty Limit.

(3) If the payment exceeds $30 per month, it must be approved by the Aging and People with Disabilities Medicaid Financial Eligibility policy unit.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.404, 411.706, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.010, 411.060, 411.083, 411.404, 411.704, 411.706, 413.085 & 414.685
SSP 4-2025, minor correction filed 04/08/2025, effective 04/08/2025
SSP 14-2017, f. 6-5-17, cert. ef. 7-1-17
SSP 41-2010, f. 12-30-10, cert. ef. 1-1-11
SSP 33-2010(Temp), f. & cert. ef. 10-1-10 thru 3-30-11
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10

Or. Admin. R. 461-155-0700 Special Need; Personal Incidentals and Room and Board Allowances; OSIPM

In the Oregon Supplemental Income Program Medical (OSIPM) program:

(1) In the following circumstances, personal incidentals and room and board allowances may be paid for an individual to reside in a community-based care facilit y (see OAR 461-155-0630(1)) to avoid placement in a nursing facility or leave a nursing facility or an acute care hospital, when an individual meets the requirements of one of the following subsections:

(a) Is determined to be eligible based on a disability determination made by the Department (see OAR 461-125-0370).

(A) To receive this payment, the individual must pursue Supplemental Security Income (SSI) by making application with the Social Security Administration (SSA) and appealing denials until SSA makes a final administrative decision. If SSI is denied at the final SSA administrative level, the individual is no longer eligible for this payment.

(B) The payment is the difference between the countable (see OAR 461-001-0000) income of the individual and the OSIPM program adjusted income standard (see OAR 461-155-0250).

(b) Is leaving a nursing facility and limited to a maximum SSI payment of $30 or to a maximum Veterans benefit payment of $90.

(A) To receive this payment, the individual must pursue reinstatement back to the full SSI standard with the Social Security Administration or the full rate of pension with the Veteran Affairs Office.

(B) The payment is the difference between the countable income of the individual and the OSIPM program adjusted income standard (see OAR 461-155-0250).

(c) Is a qualified non-citizen under OAR 461-120-0125 who is not eligible for SSI due to not meeting the requirements to become a naturalized citizen within the SSI time limit.

(A) The individual must pursue naturalization.

(B) The payment is the difference between the countable income of the individual and the OSIPM adjusted income standard (see OAR 461-155-0250).

(d) Does not have sufficient income to divert to the community spouse (see OAR 461-001-0030) due to the difference between the personal needs allowance related to a nursing facility placement and the personal needs allowance and room and board related to a community-based care facility placement. The allowance is issued only when the individual or community spouse requests or chooses a nursing facility placement rather than a community-based care facility placement because the community spouse needs the resulting higher diversion amount to meet his or her monthly expenses.

(A) For all individuals, the allowance is the difference between the amount of the individual's income that would be available to divert to the community spouse under a nursing facility placement and the amount of the individual's income available under the community-based care facility placement, using the liability calculation as outlined in OAR 461-160-0620.

(B) For an individual under a community-based care facility placement whose income is less than the adjusted OSIPM program standard, the allowance is the amount calculated under paragraph (A) of this subsection plus the difference between the OSIPM program adjusted income standard and the individual's countable income.

(2) Room and board allowance (see OAR 461-155-0270), without personal incidentals, may be paid for an individual to reside in a community-based care facilit y to avoid placement in a nursing facility, when an individual is leaving a public institution (see OAR 461-135-0950) and the individual’s SSI is suspended, subject to the following provisions:

(a) The individual’s SSI must have been suspended due to placement in a public institution.

(b) The individual must pursue reinstatement of SSI, and verification must be provided to the Department.

(c) The payment is the difference between the countable income of the individual and the OSIPM Room and Board Standard (see OAR 461-155-0270).

(d) If SSI is reinstated or reinstatement of SSI is denied, the individual is no longer eligible for this allowance.

(3) The payment amount is prorated in the first month for an individual who moves to a community-based care facility on any day other than the first day of the month.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.704 & 411.706
Statutes/Other Implemented: ORS 411.060, 411.070, 411.704 & 411.706
SSP 55-2024, amend filed 09/30/2024, effective 10/01/2024
SSP 34-2022, amend filed 04/28/2022, effective 05/01/2022
SSP 79-2021, temporary amend filed 12/22/2021, effective 01/01/2022 through 06/29/2022
SSP 26-2019, amend filed 12/27/2019, effective 01/01/2020
SSP 5-2010, f. & cert. ef. 4-1-10
SSP 28-2009, f. & cert. ef. 10-1-09
SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09
SSP 18-2008(Temp), f. & cert. ef. 8-1-08 thru 1-28-09

Or. Admin. R. 461-155-0710 Special Need; Diversion Services; OSIP and OSIPM

In the OSIP and OSIPM programs:

(1) The Department may authorize one-time payments for expenses that the Department has determined are necessary to divert individuals who might otherwise be served in nursing facilities to community based care (see OAR 461-001-0000). Payments are allowed for individuals who meet the criteria established in OAR 411-015-0015(1)(a).

(2) Payments will be authorized at the lowest possible cost.

(3) To be eligible for payment, individuals may not be eligible for the item through Medicare, Medicaid, or any other medical coverage.

(4) Payment for a household item is not allowed if the community-based care facility (see OAR 461-155-0630) is required to provide the item by contract or administrative rule.

(5) Payment is not allowed if the item or service may be provided under any other special need rule in this division (OAR 461-155-0510 to 461-155-0700).

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.010, 411.060, 411.070 & 411.404
SSP 66-2021, minor correction filed 12/14/2021, effective 12/14/2021
SSP 28-2018, amend filed 09/06/2018, effective 10/01/2018
SSP 13-2013, f. & cert. ef. 7-1-13
SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09
SSP 22-2008(Temp), f. & cert. ef. 10-1-08 thru 3-30-09

Division 160 DETERMINING FINANCIAL ELIGIBILITY AND CALCULATING BENEFIT LEVEL

Or. Admin. R. 461-160-0010 Use of Resources in Determining Financial Eligibility

Countable (see OAR 461-001-0000) resources are used to determine eligibility (see OAR 461-001-0000) as follows:

(1) In the EA program, the countable resources of a financial group (see OAR 461-110-0530) are used to reduce benefits.

(2) In the QMB-DW, REF, REFM, and TANF programs, a need group (see OAR 461-110-0630) is not eligible for benefits if the financial group has countable resourcesabove the resource limit (see OAR 461-160-0015).

(3) In the SNAP program, unless categorically eligible (see OAR 461-135-0505), a need group is not eligible for benefits if the financial group has countable resourcesabove the resource limit (see OAR 461-160-0015).

(4) In the OSIP (except OSIP-EPD) and OSIPM (except OSIPM-EPD) programs:

(a) An individual is not eligible for benefits if the financial group has countable resources above the resource limit (see OAR 461-160-0015).

(b) The following provisions apply when a child (see OAR 461-001-0000) who is not assumed eligible (see OAR 461-135-0010) is applying:

(A) As used in the subsection, “ineligible parent” means a parent (see OAR 461-001-0000) who is not receiving Supplemental Security Income (SSI) or TANF.

(B) As used in this section, "parental resources" means the countable resources of:

(i) Each ineligible parent (see paragraph (A) of this subsection) in the financial group of the child ; and

(ii) Each spouse (see OAR 461-001-0000) of an ineligible parent in the financial group of the child .

(C) The parental resources (see paragraph (B) of this subsection) are deemed available to the child . The amount deemed available to the child is the amount the parental resources exceed the resource limit (see OAR 461-160-0015) of:

(i) A one-person need group , if one parent (see OAR 461-001-0000) lives in the household of the child ; or

(ii) A two-person need group , if two parents (or one parent and the spouse (see OAR 461-001-0000) of that parent) live in the household of the child .

(D) If more than one child is applying, the value of the deemed resources is divided evenly between the applying children. If an applying child is determined to be ineligible for OSIPM for any reason including excess resources resulting from deeming, no resources are deemed to that child . Any resources deemed to an applying child determined to be ineligible for OSIPM are deemed equally to other applying children.

(E) The parental resources are not deemed available to a non-applying child .

(F) The value of the parental resources is subject to deeming whether or not those resources are available to the child .

(5) In the OSIP-EPD and OSIPM-EPD programs:

(a) A need group is not eligible for benefits if the financial group has countable resources above the resource limit (see OAR 461-160-0015).

(b) Any money in an approved account (see OAR 461-001-0035) is excluded during the determination of eligibility .

(c) Assets purchased from moneys in an approved account are excluded, provided they meet the requirements of OAR 461-145-0025.

(d) Assets purchased as employment and independence expenses (see OAR 461-001-0035) are excluded, provided they meet the requirements of OAR 461-145-0025.

(6) In the QMB-BAS, QMB-SMB, and QMB-SMF programs, all resources are excluded and have no effect on eligibility (see OAR 461-160-0015).

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.400, 411.404, 411.816, 412.049, 413.085 & 414.685
Statutes/Other Implemented: 411.060, 411.070, 411.400, 411.404, 411.816, 412.049, 413.085, 414.685, ORS 409.010, 414.839 & 412.072
SSP 17-2024, minor correction filed 03/18/2024, effective 03/18/2024
SSP 20-2023, amend filed 06/22/2023, effective 07/01/2023
SSP 5-2020, amend filed 03/30/2020, effective 04/01/2020
SSP 22-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 11-2018, amend filed 03/09/2018, effective 04/01/2018
SSP 22-2017, f. 9-8-17 & cert. ef. 10-1-17
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 23-2016, f. 6-28-16, cert. ef. 7-1-16
SSP 35-2015, f. 12-23-15, cert. ef. 1-1-16
SSP 24-2013, f. & cert. ef. 10-1-13
SSP 9-2013(Temp), f. & cert. ef. 4-10-13 thru 10-7-13
SSP 17-2008, f. & cert. ef. 7-1-08
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 17-2004, f. & cert. ef. 7-1-04
SSP 1-2003, f. 1-31-03, cert. ef. 2-1-03
AFS 9-1999, f. & cert. ef. 7-1-99
AFS 7-1999, f. 4-27-99, cert. ef. 5-1-99
AFS 1-1999(Temp), f. & cert. ef. 2-1-99 thru 7-31-99
AFS 17-1998, f. & cert. ef. 10-1-98
AFS 10-1998, f. 6-29-98, cert. ef. 7-1-98
AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97
AFS 22-1995, f. 9-20-95, cert. ef. 10-1-95
AFS 16-1991, f. 8-27-91, cert. ef. 9-1-91
AFS 12-1991(Temp), f. & cert. ef. 7-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-160-0015 Resource Limits

(1) In the Emergency Assistance (EA) program, all countable (see OAR 461-001-0000) resources must be used to meet the emergent need.

(2) In the Oregon Supplemental Income Program (OSIP) and Oregon Supplemental Income Program Medical (OSIPM), the resource limit is as follows:

(a) $2,000 for a one-person need group (see OAR 461-110-0630) and $3,000 for a two-person need group .

(b) $5,000 for the OSIP-Employed Persons with Disabilities (EPD) and OSIPM-EPD programs (see OAR 461-001-0035 and 461-145-0025 for funds that may be excluded as approved accounts).

(3) In the Qualified Medicare Beneficiaries-Basic (QMB-BAS), QMB-Specified Low Income Medicare Beneficiary (SMB), and QMB-SMF programs, all resources are excluded.

(4) In the QMB-Disabled Worker (DW) program, the resource limit is $4,000 for a one-person need group and $6,000 for a need group containing two or more individuals.

(5) In the Refugee Assistance (REF), Refugee Assistance Medical (REFM), and Temporary Assistance for Needy Families (TANF) programs, the resource limit is $10,000.

(6) In the Supplemental Nutrition Assistance Program (SNAP), unless categorically eligible (see OAR 461-135-0505), the resource limit is:

(a) $4,500 for a financial group (see OAR 461-110-0530) with at least one member who is elderly (see OAR 461-001-0015) or an individual with a disability (see OAR 461-001-0015).

(b) $3,000 for all other financial groups.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.083, 411.404, 411.706, 411.816, 412.049, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 411.083, 411.404, 411.704, 411.706, 411.816, 411.837, 412.049, 413.085, 414.685, 414.839 & HB 5202 Oregon 2022 Sess.
SSP 54-2024, amend filed 09/27/2024, effective 10/01/2024
SSP 22-2023, amend filed 06/26/2023, effective 07/01/2023
SSP 59-2022, amend filed 12/27/2022, effective 01/01/2023
SSP 48-2022, amend filed 09/27/2022, effective 10/01/2022
SSP 49-2021, amend filed 09/23/2021, effective 10/01/2021
SSP 5-2020, amend filed 03/30/2020, effective 04/01/2020
SSP 34-2017, amend filed 12/18/2017, effective 01/01/2018
SSP 25-2017(Temp), f. 9-15-17, cert. ef. 10-1-17 thru 1-31-18
SSP 10-2017, f. 3-24-17, cert. ef. 4-1-17
SSP 34-2016, f. 9-30-16, cert. ef. 10-1-16
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 23-2016, f. 6-28-16, cert. ef. 7-1-16
SSP 35-2015, f. 12-23-15, cert. ef. 1-1-16
SSP 4-2015, f. & cert. ef. 1-1-15
SSP 26-2014(Temp), f. & cert. ef. 10-1-14 thru 3-30-15
SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 27-2013, f. & cert. ef. 10-1-13
SSP 8-2013, f. & cert. ef. 4-1-13
SSP 39-2012(Temp), f. 12-28-12, cert. ef. 1-1-13 thru 6-30-13
SSP 37-2012, f. 12-28-12, cert. ef. 1-1-13
SSP 35-2011, f. 12-27-11, cert. ef. 1-1-12
SSP 26-2011(Temp), f. 9-30-11, cert. ef. 10-1-11 thru 3-29-12
SSP 10-2011, f. 3-31-11, cert. ef. 4-1-11
SSP 42-2010(Temp), f. 12-30-10, cert. ef. 1-1-11 thru 6-30-11
SSP 18-2010, f. & cert. ef. 7-1-10
SSP 39-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
SSP 29-2009(Temp), f. & cert. ef. 10-1-09 thru 3-30-10
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06
SSP 22-2004, f. & cert. ef. 10-1-04
SSP 17-2004, f. & cert. ef. 7-1-04
SSP 6-2004, f. & cert. ef. 4-1-04
SSP 29-2003(Temp), f. 10-31-03, cert. ef. 11-1-03 thru 3-31-04
SSP 17-2003, f. & cert. ef. 7-1-03
SSP 1-2003, f. 1-31-03, cert. ef. 2-1-03
AFS 13-2002, f. & cert. ef. 10-1-02
AFS 27-2001, f. 12-21-01, cert. ef. 1-1-02
AFS 16-1999, f. 12-29-99, cert. ef. 1-1-00
AFS 7-1999, f. 4-27-99, cert. ef. 5-1-99
AFS 1-1999(Temp), f. & cert. ef. 2-1-99 thru 7-31-99
AFS 10-1998, f. 6-29-98, cert. ef. 7-1-98
AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97
AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97
AFS 27-1996, f. 6-27-96, cert. ef. 7-1-96
AFS 22-1995, f. 9-20-95, cert. ef. 10-1-95
AFS 13-1995, f. 6-29-95, cert. ef. 7-1-95
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 29-1994, f. 12-29-94, cert. ef. 1-1-95
AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 20-1991, f. & cert. ef. 10-1-91
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-160-0030 Overview of Costs

(1) Costs incurred by the filing group that the filing group has a legal responsibility to pay are deductible from income in accordance with the rules in this division of rules.

(2) The following costs are not deductible:

(a) A cost paid by someone outside the filing group through a reimbursement, vendor payment, or in‑kind benefit.

(b) A cost that is paid by a person or company outside the filing group or that is written off by a medical facility. These are referred to as third‑party payments.

(c) The cost for a service provided by someone in the filing group, such as child care provided by the father while the mother works.

(d) A cost used as an income deduction in one budget month or averaged over several months cannot be used again.

(e) In the OSIPM program, a cost that the client incurred while the client was serving a disqualification from Medicaid under OAR 461-140-0210 to 461-140-0300 for a transfer of assets for less than fair market value.

(3) In the OSIP and OSIPM programs, the medical deduction allowed under OAR 461-160-0620 is determined as follows:

(a) In order to be allowed as a deduction, a cost or portion of a cost that has already been paid must be reported in the month it is paid or within 10 days of the date it is paid.

(b) For one-time costs that have been incurred but not paid in full:

(A) Any amount already paid when reported is allowed if it was reported in the month that it was paid or within 10 days of the date it was paid.

(B) For amounts not already paid, the amount allowed as a deduction is the amount the individual expects to pay each month, not to exceed the total amount due at the time the cost is reported.

(A) The amount allowed as a deduction is the amount the individual expects to pay or is currently paying each month on the card until the outstanding balance of the medical cost would be paid in full.

(B) For costs charged prior to the month reported, the outstanding balance is the amount of the original cost charged to the card less any subsequent payments to the card.

(D) Additional deductions are not allowed if the individual incurs interest or fees.

(d) Recurring costs, such as those for ongoing prescription medications, may be anticipated and allowed until the total amount of the cost has been allowed or through the next annual redetermination (see OAR 461-115-0430), whichever occurs first.

(A) The amount anticipated should reflect actual and verified costs.

(B) Recurring costs may not be averaged.

(e) The effective date for an allowable cost is determined in accordance with OAR 461-180-0020.

(f) Additional deductions are not allowed if the individual fails to pay the cost.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.400, 411.816, 412.014, 412.049, 411.404, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.010, 411.060, 411.400, 411.816, 412.014, 412.049 & 411.404
SSP 15-2019, amend filed 06/11/2019, effective 07/01/2019
SSP 11-2018, amend filed 03/09/2018, effective 04/01/2018
SSP 8-2013, f. & cert. ef. 4-1-13
SSP 8-2008, f. & cert. ef. 4-1-08
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06
SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05
SSP 23-2004(Temp), f. & cert. ef. 10-1-04 thru 12-31-04
SSP 22-2004, f. & cert. ef. 10-1-04
SSP 20-2004(Temp), f. & cert. ef. 9-7-04 thru 12-31-04
AFS 6-2001, f. 3-30-01, cert. ef. 4-1-01
AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 8-1990, f. & cert. ef. 2-16-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-160-0040 Dependent Care Costs Deduction; SNAP

In the SNAP Program:

(1) Dependent care is deductible (see OAR 461-160-0430) when all of the following are true:

(a) The dependent is a member of the filing group (see OAR 461-110-0310 and OAR 461-110-0370) and is in the care, control, and custody of an individual in the group.

(b) The dependent care provider:

(A) Is not in the filing group ; and

(B) Is not the parent (see OAR 461-001-0000) of the dependent.

(c) The dependent care is necessary because the caretaker (see OAR 461-001-0000) is working, commuting, on a meal break, in training, participating in pre-employment education, or participating in a SNAP Employment and Training case plan (see OAR 461-001-0020).

(2) Dependent care costs that are deductible under section (1) of this rule include:

(a) The costs of care provided by an individual care provider or care facility,

(b) Transportation costs to and from the individual care provider or care facility, and

(c) Activity or other fees associated with the care provided to the dependent that are necessary for the dependent to participate in the care; with the exception of fees related to penalties, fines, or advance payment for cost of care.

History

Statutory/Other Authority: 409.050, 411.060, 411.070, 411.700, 411.816 & 412.049
Statutes/Other Implemented: 409.010, 411.060, 411.070, 411.700, 411.816 & 412.049
SSP 20-2023, amend filed 06/22/2023, effective 07/01/2023
SSP 59-2022, amend filed 12/27/2022, effective 01/01/2023
SSP 7-2022, amend filed 02/03/2022, effective 02/18/2022
SSP 51-2021, temporary amend filed 09/30/2021, effective 10/01/2021 through 03/27/2022
SSP 20-2019, amend filed 09/19/2019, effective 10/01/2019
SSP 7-2019, amend filed 03/11/2019, effective 04/01/2019
SSP 30-2018, temporary amend filed 10/19/2018, effective 10/19/2018 through 03/31/2019
SSP 36-2015, f. 12-23-15, cert. ef. 1-1-16
SSP 29-2015(Temp), f. & cert. ef. 10-1-15 thru 3-28-16
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 13-2013, f. & cert. ef. 7-1-13
SSP 32-2010, f. & cert. ef. 10-1-10
SSP 27-2009, f. & cert. ef. 9-29-09
SSP 4-2009(Temp), f. 3-11-09, cert. ef. 4-1-09 thru 9-28-09
SSP 23-2008, f. & cert. ef. 10-1-08
SSP 14-2007, f. 12-31-07, cert. ef. 1-1-08
SSP 10-2007, f. & cert. ef. 10-1-07
SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06
SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05
SSP 4-2005, f. & cert. ef. 4-1-05
SSP 7-2003, f. & cert. ef. 4-1-03
AFS 5-2002, f. & cert. ef. 4-1-02
AFS 6-2001, f. 3-30-01, cert. ef. 4-1-01
AFS 14-1999, f. & cert. ef. 11-1-99
AFS 24-1997, f. 12-31-97, cert. ef. 1-1-98
AFS 9-1997, f. & cert. ef. 7-1-97
AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97
AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 1-1993, f. & cert. ef. 2-1-93
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 17-1992, f. & cert. ef. 7-1-92
AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-160-0055 Medical Costs That Are Deductible; OSIP, OSIPM, and SNAP

(1) This rule applies to SNAP filing group (see OAR 461-110-0370) members who are elderly (see OAR 461-001-0015) or who have a disability (see OAR 461-001-0015), and to clients in the OSIP and OSIPM programs.

(2) Medical costs are deductible to the extent a deduction is authorized in OAR 461-160-0415 and 461-160-0430 and in this rule.

(3) Health and hospitalization insurance premiums and coinsurance are deductible. In the OSIPM and SNAP programs, health insurance premiums paid less frequently than monthly may be prorated over the period covered by the premium.

(4) In the OSIPM and SNAP programs:

(a) Long-term care insurance premiums are deductible if the insurance pays for services while an individual is;

(A) Receiving home and community-based care (see OAR 461-001-0030);

(B) Receiving nursing facility services; or

(b) A policy that is set up to pay a lump sum, similar to life insurance, is not deductible.

(5) The cost of a medical service is deductible if it is;

(a) Provided by, prescribed by, or used under the direction of a licensed medical practitioner; or

(b) Except in the SNAP program, a medical necessity approved by the Department.

(6) Medical deductions are also allowed for, among other things, the cost of:

(a) Medical and dental care, including psychotherapy, rehabilitation services, hospitalization, and outpatient treatment.

(b) Prescription drugs and over-the-counter medications prescribed by a licensed practitioner, the annual fee for a drug prescription card, medical supplies and equipment, dentures, hearing aids, prostheses, and prescribed eyeglasses.

(A) Nursing care, nursing home care, and hospitalization, including payments for an individual who was a member of the filing group immediately prior to entering a hospital or a nursing home certified by the state. Deduction of these payments is also allowed for an individual who was a member of the filing group immediately prior to death if the remaining filing group members are legally responsible for payment of the expenses.

(B) Services of an attendant, home health aid, housekeeper, or provider of dependent care necessary due to the client's age or illness, including an amount equal to a one-person SNAP benefit group (see OAR 461-110-0750) if the client furnishes the majority of an attendant's meals.

(C) Prescribed assistance animals (such as a Seeing Eye Dog, Hearing Dog, or Housekeeper Monkey) that have received special training to provide a service to the client. This deduction includes the cost of acquiring these animals, their training, food, and veterinarian bills.

(D) Reasonable costs for transportation and lodging needed to obtain medical treatment or services.

(E) Installment plan arrangements made before a bill becomes past due. The expense is not deducted if the client defaults and makes a second agreement.

(7) In the SNAP program, the following costs, even if prescribed by a medical practitioner, are not allowable medical deductions:

(a) Costs for and related to medical use of marijuana, including registry identification cards.

(b) Costs for items related to special diets which can be purchased with SNAP benefits including, but not limited to, nutritional drinks and organic foods.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.706, 411.816 & 413.085
Statutes/Other Implemented: ORS 409.010, 409.050, 411.060, 411.070, 411.404, 411.706, 411.816, 411.837, 414.685 & 414.839
SSP 22-2021, minor correction filed 02/24/2021, effective 02/24/2021
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 17-2015, f. & cert. ef. 6-30-15
SSP 9-2015(Temp), f. & cert. ef. 3-10-15 thru 9-5-15
SSP 26-2013, f. & cert. ef. 10-1-13
SSP 17-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13
SSP 8-2013, f. & cert. ef. 4-1-13
SSP 37-2012, f. 12-28-12, cert. ef. 1-1-13
SSP 27-2012(Temp), f. & cert. ef. 7-12-12 thru 1-8-13
SSP 14-2007, f. 12-31-07, cert. ef. 1-1-08
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06
SSP 7-2005, f. & cert. ef. 7-1-05
SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05
SSP 23-2004(Temp), f. & cert. ef. 10-1-04 thru 12-31-04
SSP 22-2004, f. & cert. ef. 10-1-04
SSP 20-2004(Temp), f. & cert. ef. 9-7-04 thru 12-31-04
AFS 10-2002, f. & cert. ef. 7-1-02
AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 28-1992, f. & cert. ef. 10-1-92
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-160-0060 Use of Rounding in Calculating Benefit Amount

(1) In the REF and TANF programs, a benefit amount not a whole number of dollars is rounded down to the next lower whole dollar.

(2) In the GA, OSIP, OSIPM, and QMB programs, rounding is not used.

(3) In the SNAP program:

(a) Except as provided in subsection (b) of this section, when income and deductions are calculated, a figure ending with less than 50 cents is rounded to the next lower dollar and a figure ending with 50 cents or more is rounded to the next higher dollar.

(b) After multiplying the adjusted income by 30 percent, any amount from 1 to 99 cents is rounded up to the next higher dollar.

History

Statutory/Other Authority: ORS 411.060, 411.404, 411.816, 412.014 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.404, 411.816, 412.014 & 412.049
SSP 20-2023, amend filed 06/22/2023, effective 07/01/2023
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 5-2009, f. & cert. ef. 4-1-09
SSP 6-2004, f. & cert. ef. 4-1-04
SSP 29-2003(Temp), f. 10-31-03, cert. ef. 11-1-03 thru 3-31-04
AFS 10-2002, f. & cert. ef. 7-1-02
AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97
AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-160-0070 Benefits for Less Than a Full Month

In the GA, OSIP, REF, SNAP and TANF programs, if in a month a benefit group is eligible for less than a full month's benefits (such as the initial and closing months), benefits for that month are determined as follows:

(1) The benefit amount for a full month is determined.

(2) The full benefit amount is divided by the number of days in the payment month to determine the daily benefit.

(3) The daily benefit is multiplied by the number of days in the month the group is eligible. The result is the benefit amount for the partial month (prorated benefit), except as adjusted by section (4) of this rule.

(4) Rounding is used in the calculation of the prorated benefit as follows:

(a) In the REF, SNAP and TANF programs, if the prorated benefit is not a whole dollar amount, the prorated benefit is rounded to the next lower whole dollar.

(b) In the GA and OSIP programs, the prorated benefit is not rounded.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060
SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05
AFS 10-2002, f. & cert. ef. 7-1-02
AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-160-0090 Employment and Independence Expenses; OSIP-EPD and OSIPM-EPD

In the OSIP-EPD and OSIPM-EPD programs, an employment and independence expense (see OAR 461-001-0035) must be approved by the branch office prior to its use as a deduction from countable income (see OAR 461-140-0010).

History

Statutory/Other Authority: ORS 411.060, 411.070 & 414.042
Statutes/Other Implemented: ORS 411.060, 411.070 & 414.042
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
AFS 7-1999, f. 4-27-99, cert. ef. 5-1-99
AFS 1-1999(Temp), f. & cert. ef. 2-1-99 thru 7-31-99

Or. Admin. R. 461-160-0100 How Income Affects Eligibility and Benefits; REF, SFPSS, TANF

(1) In the REF and TANF programs, countable (see OAR 461-001-0000) income and adjusted income (see OAR 461-001-0000 and 461-160-0160) are compared to the standards in OAR 461-155-0030 to determine eligibility (see OAR 461-001-0000) and benefit amount.

(2) This section applies to filing groups that do not include an ineligible noncitizen with income. For filing groups that include an ineligible noncitizen with income, see section (3) of this rule.

(a) For individuals not eligible for the Exit Limit Increase (ELI) Standards in OAR 461-155-0030(3), compare the countable income of the financial group (see OAR 461-110-0530) to the applicable Countable Income Limit Standard for the need group (see OAR 461-110-0630) in OAR 461-155-0030(2).

(A) If countable income equals or exceeds the applicable standard, the need group is not eligible.

(B) If countable income is less than the applicable standard, compare the adjusted income of the financial group to the Adjusted Income Limit Standard for the need group in OAR 461-155-0030(4):

(i) If the adjusted income equals or exceeds the applicable standard, the filing group is not eligible.

(ii) If the adjusted income is less than the applicable standard, determine the benefit amount as provided in subsection (c) of this section.

(b) For individuals eligible for the ELI in OAR 461-155-0030(3), compare the countable income of the financial group to the ELI for the need group in OAR 461-155-0030(3).

(A) If countable income equals or exceeds the applicable ELI standard, the need group is not eligible.

(B) If countable income is less than the applicable ELI standard, determine the benefit amount as provided in subsection (c) of this section.

(c) Subtract adjusted income from the applicable Payment Standard for the benefit group (see OAR 461-110-0750) in OAR 461-155-0030(5). The remainder is the benefit amount except as provided in OAR 461-165-0060.

(3) Income of an ineligible noncitizen in a financial group is prorated as provided in subsection (d) of this section. Income received by all other members of the financial group who meet the citizenship requirements in OAR 461-120-0110 is not prorated. The combined countable income is treated as provided in this section:

(a) For individuals not eligible for the ELI in OAR 461-155-0030(3), compare the countable income of the financial group to the applicable Countable Income Limit Standard for the need group in OAR 461-155-0030(2).

(A) If countable income equals or exceeds the applicable standard, the filing group is not eligible.

(B) If countable income is less than the applicable standard, compare the adjusted income of the financial group to the applicable Adjusted Income Limit Standard for the need group in OAR 461-155-0030(4):

(i) If adjusted income equals or exceeds the applicable standard, the filing group is not eligible.

(ii) If adjusted income is less than the applicable standard, determine the benefit amount as provided in subsection (c) of this section.

(b) For individuals eligible for the ELI in OAR 461-155-0030(3), compare the countable income of the financial group to the ELI for the need group in OAR 461-155-0030(3).

(A) If countable income equals or exceeds the ELI, the need group is not eligible.

(B) If countable income is less than the ELI, determine the benefit amount as provided in subsection (c) of this section.

(c) Subtract the total of the prorated income (see subsection (d) of this section) of all ineligible noncitizens and adjusted income of all other members of the filing group from the applicable Payment Standard in OAR 461-155-0030(5) for the benefit group. The remainder is the benefit amount except as provided in OAR 461-165-0060.

(d) Prorate adjusted income used in subsection (c) of this section that belongs to an ineligible noncitizen by dividing it by the number in the need group and multiplying it by the number in the benefit group.

(4) In the REFM program:

(a) ”Adjusted income” is defined as countable income minus the earned income deduction and all medical-related expenses incurred during the month of application.

(b) Only the “adjusted income” in subsection (a) of this section is compared to the standards in OAR 461-155-0225 to determine eligibility (see OAR 461-001-0000).

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.404, 411.816, 412.006, 412.009, 412.014 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.070, 411.404, 411.816, 412.006, 412.009, 412.014 & 412.049
SSP 55-2022, minor correction filed 11/07/2022, effective 11/07/2022
SSP 10-2017, f. 3-24-17, cert. ef. 4-1-17
SSP 15-2016, f. & cert. ef. 4-1-16
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09
AFS 6-2001, f. 3-30-01, cert. ef. 4-1-01
AFS 9-1997, f. & cert. ef. 7-1-97
AFS 13-1995, f. 6-29-95, cert. ef. 7-1-95
AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94
AFS 16-1993, f. & cert. ef. 9-1-93
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-160-0140 How Income and Resources are Used to Determine Eligibility and Benefit for EA

The Department considers a client’s income and resources in determining eligibility and benefit level for EA as follows:

(1) The financial group’s countable income is compared to the TANF adjusted income payment standard for the benefit group. If countable income equals or exceeds the standard, the benefit group is not eligible.

(2) If countable income is less than the standard and the financial group meets all other EA eligibility requirements, the client is required to use all income and resources that are immediately available to meet the emergent need. The EA benefit is calculated by subtracting all income and resources that are immediately available to the client from the amount needed to meet the emergent need. The remainder is the benefit, not to exceed the limit in OAR 461-155-0070.

History

Statutory/Other Authority: ORS 411.060 & 412.049
Statutes/Other Implemented: ORS 411.060, 412.049 & 412.072
SSP 16-2024, minor correction filed 03/18/2024, effective 03/18/2024
SSP 17-2004, f. & cert. ef. 7-1-04
AFS 10-2002, f. & cert. ef. 7-1-02
AFS 9-1999, f. & cert. ef. 7-1-99
AFS 16-1996, f. 4-29-96, cert. ef. 5-1-96
AFS 21-1995, f. 9-20-95, cert. ef. 10-1-95
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 8-1992, f. & cert. ef. 4-1-92
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 26-1990, f. & cert. ef. 11-29-90
AFS 18-1990(Temp), f. & cert. ef. 7-13-90
AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90
AFS 7-1990, f. & cert. ef. 2-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-160-0160 Earned Income Deduction; REF, REFM, and TANF

In the REF, REFM, and TANF programs, the earned income deduction authorized in this division of rules is allowed for each person in the financial group who has earned income. The earned income deduction is 50 percent of the individual's gross earned income including self-employment income.

History

Statutory/Other Authority: ORS 409.050, 411.060 & 412.049
Statutes/Other Implemented: ORS 409.010, 411.060 & 412.049
SSP 44-2020, amend filed 12/22/2020, effective 01/01/2021
SSP 10-2017, f. 3-24-17, cert. ef. 4-1-17
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 17-2004, f. & cert. ef. 7-1-04
SSP 23-2003, f. & cert. ef. 10-1-03
AFS 10-2002, f. & cert. ef. 7-1-02
AFS 9-1997, f. & cert. ef. 7-1-97
AFS 36-1996, f. 10-31-96, cert. ef. 11-1-96
AFS 13-1995, f. 6-29-95, cert. ef. 7-1-95
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 16-1993, f. & cert. ef. 9-1-93
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 8-1992, f. & cert. ef. 4-1-92
AFS 20-1991, f. & cert. ef. 10-1-91
AFS 15-1991(Temp), f. & cert. ef. 8-16-91
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90
AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-160-0400 Use of Income to Determine Eligibility and Benefits; SNAP

In the SNAP program, the countable income (see OAR 461-140-0010) and adjusted income (see OAR 461-001-0000) of the financial group (see OAR 461-110-0530) are used to determine eligibility for SNAP benefits and the benefit level in three steps:

(1) Step one: The countable income of the financial group is compared to the need group's countable income limit in OAR 461-155-0190. If the income equals or exceeds the limit, the need group (see OAR 461-110-0630) is ineligible for SNAP benefits. A financial group that is categorically eligible (see OAR 461-135-0505) for SNAP benefits or that includes a client who is elderly (see OAR 461-001-0015) or has a disability (see OAR 461-001-0015) need not pass this step.

(2) Step two: If the need group is not ineligible under step one, the adjusted income of the financial group is compared to the need group's adjusted income limit (see OAR 461‑155‑0190). If the income equals or exceeds the limit, the filing group -- except one that is categorically eligible for SNAP benefits -- is ineligible for SNAP benefits. If the adjusted income is less than the limit, the need group meets the income standard for the SNAP program.

(3) Step three: The benefit level for an eligible benefit group (see OAR 461-110-0750) is determined as follows --- adjusted income is multiplied by 30 percent, and the product is rounded to the next higher dollar. The result is subtracted from the benefit group’s payment standard (see OAR 461-155-0190). The remainder is the benefit amount.

History

Statutory/Other Authority: ORS 409.050 & 411.816
Statutes/Other Implemented: ORS 409.010, 411.816, 7 CFR 273.1 & 7 CFR 273.10
SSP 35-2018, amend filed 12/04/2018, effective 01/01/2019
SSP 10-2011, f. 3-31-11, cert. ef. 4-1-11
SSP 37-2010(Temp), f. & cert. ef. 11-1-10 thru 4-30-11
SSP 32-2010, f. & cert. ef. 10-1-10
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
AFS 10-2002, f. & cert. ef. 7-1-02
AFS 8-1992, f. & cert. ef. 4-1-92
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-160-0410 Use of Income and Income Deductions When There Are Ineligible or Disqualified Group Members; SNAP

When a member of the filing group (see OAR 461-110-0310 and 461-110-0370) is not in the need group (see OAR 461-110-0630), benefits in the SNAP program are calculated as follows:

(1) The process described in sections (2) and (3) of this rule is used if the member is any of the following:

(a) A noncitizen but not a qualified noncitizen (see OAR 461-120-0125);

(b) A qualified noncitizen who does not meet the noncitizen status requirements;

(d) Unwilling to disclose noncitizen status; or

(e) An ABAWD (see OAR 461-135-0520) who is ineligible because of the SNAP time limit in OAR 461-135-0520.

(2) If the member is in a group described in section (1) of this rule:

(a) The member's countable (see OAR 461-001-0000) income is prorated among the members in the filing group.

(b) The pro rata share of each individual not in the benefit group (see OAR 461-110-0750) is excluded.

(3) An ineligible or disqualified member covered by section (1) of this rule is entitled to all income deductions for which the member qualifies. Effective January 19, 2023, when paid by the member, or billed to the member and unpaid, deductions for shelter, medical costs, and dependent care are calculated as follows:

(a) The deductions, except deductions for the utility standard, are prorated among the members of the filing group.

(b) The prorated share of the members of the benefit group is deducted.

(4) The countable income of the following financial group (see OAR 461-110-0530) members, subject to allowable deductions, is used to determine benefits:

(a) An individual disqualified under the SNAP Employment and Training program (see OAR 461-001-0020) or because of an intentional program violation (see OAR 461-195-0601).

(b) An individual determined ineligible for SNAP in accordance with OAR 461-135-0560.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070 & 411.816
Statutes/Other Implemented: ORS 409.010, 409.050, 411.060, 411.070, 411.816, 411.837, 7 CFR 273.11, 7 CFR 273.9 & 7 CFR 273.10
SSP 47-2023, amend filed 09/25/2023, effective 10/01/2023
SSP 10-2023, temporary amend filed 02/15/2023, effective 02/15/2023 through 08/13/2023
SSP 9-2022, minor correction filed 02/16/2022, effective 02/16/2022
SSP 35-2018, amend filed 12/04/2018, effective 01/01/2019
SSP 34-2017, amend filed 12/18/2017, effective 01/01/2018
SSP 23-2016, f. 6-28-16, cert. ef. 7-1-16
SSP 14-2016(Temp), f. 3-24-16, cert. ef. 4-1-16 thru 9-27-16
SSP 28-2015, f. 9-29-15, cert. ef. 10-1-15
SSP 20-2015(Temp), f. & cert. ef. 7-1-15 thru 12-27-15
SSP 8-2013, f. & cert. ef. 4-1-13
SSP 41-2010, f. 12-30-10, cert. ef. 1-1-11
SSP 5-2009, f. & cert. ef. 4-1-09
SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09
SSP 14-2007, f. 12-31-07, cert. ef. 1-1-08
SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06
SSP 23-2003, f. & cert. ef. 10-1-03
AFS 10-2002, f. & cert. ef. 7-1-02
AFS 6-2002(Temp), f. & cert. ef. 4-1-02 thru 6-30-02
AFS 5-2002, f. & cert. ef. 4-1-02
AFS 19-2001, f. 8-31-01, cert. ef. 9-1-01
AFS 10-2001(Temp), f. 6-29-01, cert. ef. 7-1-01 thru 10-1-01
AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00
AFS 12-2000(Temp), f. 5-1-00, cert. ef. 5-1-00 thru 9-30-00
AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97
AFS 27-1996, f. 6-27-96, cert. ef. 7-1-96
AFS 22-1995, f. 9-20-95, cert. ef. 10-1-95
AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94
AFS 6-1994, f. & cert. ef. 4-1-94
AFS 20-1991, f. & cert. ef. 10-1-91
AFS 23-1990, f. 9-28-90, cert. ef. 10-1-90
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-160-0415 Medical Deduction; SNAP

(1) This rule explains how to calculate the deduction for medical costs in the SNAP program allowed under OAR 461-160-0055 when incurred by an elderly (see 461-001-0015) member of the filing group (see 461-110-0370) or by a filing group member with a disability (see 461-001-0015).

(2) For each certification period (see OAR 461-001-0000), the Department estimates the amount of the client's medical deduction and apportions the amount evenly among the months in the certification period. For medical costs payable during the month of certification, the client may choose to deduct each cost in the month of certification or to average the cost over the certification period.

(3) For medical costs that were not anticipated when the deduction was estimated but are incurred and reported to the Department during the certification period, the client may choose to deduct each cost:

(a) In the month after the cost is reported; or

(b) By averaging the cost over the period from the month after the cost was reported to the end of the certification period.

(4) If the client is billed in the last month of a certification period for a medical cost that is due after the certification period, and the client does not pay the bill during the certification period, the cost may be used to compute the deduction in the next certification period.

(5) Medical costs paid with a credit card are treated the same as if the cost were paid in full. The ongoing credit card payments are not an allowable medical deduction.

(6) A medical cost is not deductible in any of the following situations:

(a) The client reports a paid medical cost in the last month of the redetermination period, but reports this cost after their benefits for that month have already been issued.

(b) The medical cost is past due, is an amount carried forward from a previous billing period, or has been paid by the client in a previous certification period.

History

Statutory/Other Authority: ORS 411.816
Statutes/Other Implemented: ORS 411.816
SSP 8-2013, f. & cert. ef. 4-1-13
SSP 14-2007, f. 12-31-07, cert. ef. 1-1-08
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06
AFS 34-2000, f. 12-22-00, cert. ef. 1-1-01
Suspended by AFS 31-2000(Temp), f. & cert. ef. 12-1-00 thru 12-31-00
AFS 23-2000(Temp), f. 9-29-00, cert. ef. 10-1-00 thru 12-31-00
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 13-1991, f. & cert. ef. 7-1-91

Or. Admin. R. 461-160-0420 Shelter Cost; SNAP

(1) This rule explains how to calculate the shelter cost. The shelter cost is used to determine the shelter deduction (see OAR 461-160-0430). The shelter cost is the sum of the filing group's cost of housing plus an allowance for utilities, if the individual incurs a utility cost. The shelter deduction is calculated considering the shelter cost and may be subject to a limitation described in OAR 461-160-0430.

(2) Cost of housing.

(a) The following comprise the cost of housing if they are incurred with respect to the filing group's current residence or the home described in section (5) of this rule:

(A) Regular, periodic charges for the shelter of the filing group (see OAR 461-110-0370), such as rent, mortgage payments, and condominium or association fees. Late fees charged because a mortgage or rent payment was made late are not deductible.

(B) Property taxes, state and local assessments, and property insurance on the structure.

(C) Costs for repairing a home substantially damaged or destroyed by a natural disaster (such as a fire or flood), if such costs are not reimbursed.

(D) If a filing group is experiencing homelessness and their living circumstances meet the definition of homeless under OAR 461-001-0015, the following are allowable costs:

(i) Working in exchange for housing costs; or

(ii) If living in a vehicle, vehicle payments and collision and comprehensive insurance premiums.

(E) For filing group members required to pay room and board in a nonstandard living arrangement (see OAR 461-001-0000), the shelter cost is the cost of room and board, minus the payment standard for the benefit group; or the actual room cost if the individual can prove that the room cost exceeds the room and board minus the payment standard.

(b) If housing costs are billed on a weekly or biweekly basis, the monthly cost is the weekly cost multiplied by 4.3 or the biweekly cost multiplied by 2.15.

(A) The group may choose to apply the cost in the month it is billed or becomes due.

(B) The group may choose to have periodic costs averaged.

(C) For expenses that are billed less often than monthly, the group may choose to have them averaged over the period they are intended to cover.

(3) Shared housing. If the filing group shares housing costs with an individual in the dwelling who is not in the filing group , only the housing costs incurred by the filing group are included in the calculation. If the portion paid by an individual outside the filing group cannot be ascertained, the cost is apportioned among the individuals contributing to the cost. The pro rata share of those not in the filing group is deducted from the total, and the balance is considered a housing cost of the filing group .

(4) Cost for utilities.

(a) A filing group has a cost for utilities if it incurs a cost for heating or cooling; cooking fuel; electricity; water and sewerage; well installation and maintenance; septic tank system installation and maintenance; garbage and trash collection; service for a telephone, such as basic service fee, wire maintenance, subscriber line charges, relay center surcharges, 911 service, and taxes; or initial installation fees charged by a utility provider.

(b) If the group incurs no cost for utilities in either its current home or in the home described in section (5) of this rule, then the shelter cost is calculated without an allowance for utilities.

(c) If a filing group experiencing homelessness uses a vehicle for shelter, the cost of fuel for the vehicle is considered a utility cost.

(d) A full utility allowance (FUA) of $515 is given if the filing group :

(A) Incurs a cost for heating or cooling for its dwelling; or

(B) Includes an individual who meets the SNAP definition of disabled (see OAR 461-001-0015) or elderly (see OAR 461-001-0015), and the filing group received an energy assistance payment (see OAR 461-001-0015 and 461-145-0170) or weatherization assistance payment (see OAR 461-001-0015).

(i) The energy assistance payment , weatherization assistance payment , or combination of such payments must be greater than $20 annually; and

(ii) Must be received by the filing group in the current month or the immediately preceding 12 months.

(e) A limited utility allowance (LUA) of $404 is given if the filing group is not billed for heating or cooling costs but is billed for at least two other costs enumerated in subsection (4)(a) of this rule.

(f) An individual utility allowance (IUA) of $65 is given if the filing group is not billed for heating or cooling costs but is billed for only one of the costs enumerated in subsection (4)(a) of this rule other than the service cost for a telephone, including the related taxes or fees.

(g) A telephone utility allowance (TUA) of $81 is given if the filing group is billed only for telephone service, such as basic service fee, wire maintenance, subscriber line charges, relay center surcharges, 911 service, and taxes.

(5) Housing costs for a home not occupied by the filing group. Housing and utility costs with respect to a home not currently occupied may be considered in calculating the shelter cost if--

(a) The home is temporarily unoccupied because of employment or training away from home, illness, or abandonment caused by casualty or natural disaster;

(b) The filing group intends to return to the home;

(c) No other, current occupant is claiming a deduction for shelter costs in the Supplemental Nutrition Assistance Program (SNAP); and

(d) The home is not leased during the household's absence.

(6) SNAP eligibility provisions in subsection (4)(d) of this rule implement section 10103 of Pub. L. 119-21, 139 Stat. 72 (2025), and are applied to existing SNAP cases as follows:

(7) See former OAR 461-135-0665 for SNAP eligibility provisions and effective dates that implement Pub. L. 119-21, 139 Stat. 72 (2025) in this rule for the time period October 1, 2025, through March 18, 2026.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070 & 411.816
Statutes/Other Implemented: ORS 409.010, 409.050, 411.060, 411.070, 411.816, 411.825, 411.837 & 7 CFR 273.5
SSP 29-2026, amend filed 06/29/2026, effective 07/01/2026
SSP 21-2026, temporary amend filed 03/19/2026, effective 03/19/2026 through 09/14/2026
SSP 27-2025, amend filed 12/23/2025, effective 01/01/2026
SSP 22-2025, temporary amend filed 10/01/2025, effective 10/01/2025 through 03/28/2026
SSP 54-2024, amend filed 09/27/2024, effective 10/01/2024
SSP 47-2023, amend filed 09/25/2023, effective 10/01/2023
SSP 48-2022, amend filed 09/27/2022, effective 10/01/2022
SSP 47-2022, amend filed 09/20/2022, effective 09/27/2022
SSP 33-2022, temporary amend filed 03/31/2022, effective 04/01/2022 through 09/27/2022
SSP 49-2021, amend filed 09/23/2021, effective 10/01/2021
SSP 36-2020, amend filed 10/01/2020, effective 10/01/2020
SSP 25-2019, amend filed 12/24/2019, effective 01/01/2020
SSP 22-2019, temporary amend filed 10/01/2019, effective 10/01/2019 through 03/28/2020
SSP 20-2019, amend filed 09/19/2019, effective 10/01/2019
SSP 27-2018, amend filed 09/04/2018, effective 10/01/2018
SSP 34-2017, amend filed 12/18/2017, effective 01/01/2018
SSP 25-2017(Temp), f. 9-15-17, cert. ef. 10-1-17 thru 1-31-18
SSP 35-2016, f. 9-30-16, cert. ef. 10-1-16
SSP 28-2015, f. 9-29-15, cert. ef. 10-1-15
SSP 24-2014, f. & cert. ef. 10-1-14
SSP 13-2014(Temp), f. & cert. ef. 5-20-14 thru 11-16-14
SSP 24-2013, f. & cert. ef. 10-1-13
SSP 8-2013, f. & cert. ef. 4-1-13
SSP 30-2012, f. 9-28-12, cert. ef. 10-1-12
SSP 25-2011, f. 9-30-11, cert. ef. 10-1-11
SSP 32-2010, f. & cert. ef. 10-1-10
SSP 28-2009, f. & cert. ef. 10-1-09
SSP 23-2008, f. & cert. ef. 10-1-08
SSP 10-2007, f. & cert. ef. 10-1-07
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05
SSP 22-2004, f. & cert. ef. 10-1-04
SSP 23-2003, f. & cert. ef. 10-1-03
AFS 13-2002, f. & cert. ef. 10-1-02
AFS 22-2001, f. & cert. ef. 10-1-01
AFS 9-2001, f. & cert. ef. 6-1-01
AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00
AFS 25-1998, f. 12-28-98, cert. ef. 1-1-99
AFS 21-1998(Temp), f. 10-15-98 & cert. ef. 11-1-98 thru 12-31-98
AFS 19-1997, f. & cert. ef. 10-1-97
AFS 34-1996, f. 9-26-96, cert. ef. 10-1-96
AFS 13-1995, f. 6-29-95, cert. ef. 7-1-95
AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94
AFS 13-1994, f. & cert. ef. 7-1-94
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 8-1992, f. & cert. ef. 4-1-92
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 1-1991(Temp), f. & cert. ef. 1-2-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-160-0430 Income Deductions; SNAP

In the Supplemental Nutrition Assistance Program (SNAP):

(1) Deductions from income are subtracted from countable (see OAR 461-001-0000) income (see OAR 461-140-0010) in the following order to determine adjusted income (see OAR 461-001-0000) for the SNAP program:

(a) An earned income deduction as follows:

(A) An earned income deduction of 20 percent of countable earned income. Multiply the total countable earned income by 20 percent and subtract that amount from the countable income. The 20 percent deduction is not taken from the wages funded by grant diversions such as Work Supplementation wages.

(B) Effective January 19, 2023, an earned income deduction of 20 percent of the earned income excluded due to payment of court ordered child support (see OAR 461-140-0265). For individuals who qualify for this exclusion, multiply the excluded earned income used to pay child support by 20 percent and deduct that amount from the countable income.

(b) A standard deduction of:

(A) $ 209 per month for a benefit group (see OAR 461-110-0750) of one, two, or three individuals.

(B) $ 223 per month for a benefit group of four individuals.

(D) $ 299 per month for a benefit group of six or more individuals.

(c) A dependent care deduction for dependent care costs billed to a member of the filing group (see OAR 461-110-0370) and not paid for through any other program of the Department. For the cost to be deductible under this section, the care must be necessary to enable a member of the filing group to--

(A) Accept or continue employment;

(B) Seek employment, including a job search that meets the requirements of a case plan (see OAR 461-001-0020); or

(C) Attend vocational or educational training. A student receiving educational income is entitled to a deduction only for costs not excluded from educational income by OAR 461-145-0150.

(d) The medical deduction for elderly (see OAR 461-001-0015) individuals and individuals who have a disability (see OAR 461-001-0015) in the filing group . The deduction is calculated by determining the total of their deductible medical costs (see OAR 461-160-0415) and subtracting $35. The Department uses the resulting amount to determine the allowable deduction as follows:

(A) For an amount less than $0, no deduction is allowed.

(B) For an amount greater than $0 but less than $170.01, a deduction of $170 is allowed.

(e) An Excess Shelter Deduction or Homeless Shelter Deduction is calculated if the filing group has an allowable shelter cost under OAR 461-160-0420.

(A) If the group is eligible for both deductions listed in paragraphs (B) and (C) of this subsection, they will receive the higher of the two.

(B) Excess Shelter Deduction is calculated as follows:

(i) The standard deduction and the deductions of earned income, dependent care, and medical expenses are subtracted from countable income.

(ii) Fifty percent of the remainder is subtracted from the shelter cost calculated in accordance with OAR 461-160-0420.

(iii) The rounded balance is the deduction, except the deduction is limited if the filing group has no member who has a disability or is elderly . The limit is $744 per month.

(C) The Homeless Shelter Deduction is $198.99 for a filing group experiencing homelessness whose living circumstances meet the definition of homeless (see OAR 461-001-0015).

(2) If an individual cannot verify a medical expense or cannot verify any other expense when asked to do so, the unverified expense is not used to calculate the deduction. If the individual provides verification, the deduction is applied when calculating the next month's benefits. If verification is provided within the period authorized for processing applications (see OAR 461-115-0210), the benefits for the initial month (see OAR 461-001-0000) are recalculated using the deduction.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.816 & ORS 409.050
Statutes/Other Implemented: ORS 409.010, 409.050, 411.060, 411.070, 411.816, 411.825, 411.837, 7 CFR 273.5, 7 CFR 273.9, 7 CFR 273.10 & 7 CFR 273.11
SSP 20-2025, amend filed 09/29/2025, effective 10/01/2025
SSP 54-2024, amend filed 09/27/2024, effective 10/01/2024
SSP 47-2023, amend filed 09/25/2023, effective 10/01/2023
SSP 10-2023, temporary amend filed 02/15/2023, effective 02/15/2023 through 08/13/2023
SSP 48-2022, amend filed 09/27/2022, effective 10/01/2022
SSP 47-2022, amend filed 09/20/2022, effective 09/27/2022
SSP 33-2022, temporary amend filed 03/31/2022, effective 04/01/2022 through 09/27/2022
SSP 49-2021, amend filed 09/23/2021, effective 10/01/2021
SSP 36-2020, amend filed 10/01/2020, effective 10/01/2020
SSP 20-2019, amend filed 09/19/2019, effective 10/01/2019
SSP 27-2018, amend filed 09/04/2018, effective 10/01/2018
SSP 34-2017, amend filed 12/18/2017, effective 01/01/2018
SSP 25-2017(Temp), f. 9-15-17, cert. ef. 10-1-17 thru 1-31-18
SSP 13-2017, f. 6-5-17, cert. ef. 7-1-17
SSP 1-2017(Temp), f. & cert. ef. 2-1-17 thru 7-30-17
SSP 35-2016, f. 9-30-16, cert. ef. 10-1-16
SSP 28-2015, f. 9-29-15, cert. ef. 10-1-15
SSP 24-2014, f. & cert. ef. 10-1-14
SSP 24-2013, f. & cert. ef. 10-1-13
SSP 8-2013, f. & cert. ef. 4-1-13
SSP 30-2012, f. 9-28-12, cert. ef. 10-1-12
SSP 25-2011, f. 9-30-11, cert. ef. 10-1-11
SSP 10-2011, f. 3-31-11, cert. ef. 4-1-11
SSP 43-2010(Temp), f. 12-30-10, cert. ef. 1-1-11 thru 4-30-11
SSP 41-2010, f. 12-30-10, cert. ef. 1-1-11
SSP 39-2010(Temp), f. & cert. ef. 11-4-10 thru 5-3-11
SSP 28-2009, f. & cert. ef. 10-1-09
SSP 23-2008, f. & cert. ef. 10-1-08
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08
SSP 10-2007, f. & cert. ef. 10-1-07
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05
SSP 22-2004, f. & cert. ef. 10-1-04
SSP 17-2004, f. & cert. ef. 7-1-04
SSP 23-2003, f. & cert. ef. 10-1-03
AFS 13-2002, f. & cert. ef. 10-1-02
AFS 22-2001, f. & cert. ef. 10-1-01
AFS 3-2001, f. 2-27-01, cert. ef. 3-1-01
AFS 34-2000, f. 12-22-00, cert. ef. 1-1-01
AFS 23-2000(Temp) Suspended by AFS 28-2000(Temp), f. 10-31-0, cert. ef. 11-1-00 thru 12-31-00
AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00
AFS 23-2000(Temp), f. 9-29-00, cert. ef. 10-1-00 thru 12-31-00
AFS 2-1999, f. 3-26-99, cert. ef. 4-1-99
AFS 22-1998, f. 10-30-98, cert. ef. 11-1-98
AFS 15-1998(Temp), f. 9-15-98, cert. ef. 10-1-98 thru 10-31-98
AFS 8-1998, f. 4-28-98, cert. ef. 5-1-98
AFS 5-1998(Temp), f. & cert. ef. 3-11-98 thru 5-31-98
AFS 4-1998, f. 2-25-98, cert. ef. 3-1-98
AFS 19-1997, f. & cert. ef. 10-1-97
AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97
AFS 41-1996(Temp), f. & cert. ef. 12-31-96
AFS 31-1996, f. & cert. ef. 9-23-96
AFS 27-1996, f. 6-27-96, cert. ef. 7-1-96
AFS 41-1995, f. 12-26-95, cert. ef. 1-1-96
AFS 27-1995(Temp), f. 10-30-95, cert. ef. 11-1-95
AFS 22-1995, f. 9-20-95, cert. ef. 10-1-95
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94
AFS 19-1994, f. & cert. ef. 9-1-94
AFS 13-1994, f. & cert. ef. 7-1-94
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 28-1992, f. & cert. ef. 10-1-92
AFS 8-1992, f. & cert. ef. 4-1-92
AFS 20-1991, f. & cert. ef. 10-1-91
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 23-1990, f. 9-28-90, cert. ef. 10-1-90
AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-160-0500 Use of Income to Determine Benefits; GA

In the GA program, the countable income (see section (1) of this rule) and adjusted income (see section (3) of this rule) of an individual or couple are used to determine benefit amount as follows:

(1) For purposes of this rule, "countable income" is calculated using OSIPM countable income methodology except that

(a) In-kind income (see OAR 461-001-0000) is excluded.

(b) Shelter-in-kind (see OAR 461-001-0000) in the form of housing or utility assistance provided by community partners or other nongovernmental agencies is countable (see OAR 461-001-0000) in the amount paid to the individual or to a third party for shelter expenses.

(2) To determine "adjusted income", the Department starts with the total countable income of the individual or couple (as applicable) and subtracts in the following order:

(a) One standard deduction of $20 from unearned income.

(A) This deduction may be taken from earned income if the individual has less than $20 in unearned income.

(B) This deduction does not apply to a benefit based on need that is totally or partially funded by the federal government or by a nongovernmental agency.

(b) One standard earned income deduction $65.

(c) An income deduction for documented impairment-related work expenses or blind work expenses for an individual under age 65.

(d) One half of the remaining earned income.

(e) Deductions under a plan for self-support for an individual less than the age of 65.

(3) Housing assistance payments are determined as follows:

(a) For a single individual, or for a married individual whose spouse (see OAR 461-001-0000) is not in the OSIPM household group (see OAR 461-110-0210), the benefit amount for housing assistance is determined by subtracting the adjusted income of the individual from the one-person payment standard (see OAR 461-155-0210).

(b) For a married individual whose spouse is in the OSIPM household group , the amount for housing assistance is determined by subtracting the adjusted income of the couple from the two-person standard (see OAR 461-155-0210).

(c) For purposes of this rule, for individuals receiving or applying for home and community-based care (see OAR 461-001-0030) in-home services, the spouse is considered in the household group if the couple resides together with or without the benefit of a dwelling.

(4) The amounts for the Personal Incidental Fund and Utility assistance are not affected by adjusted income and are determined as follows.

(a) Single individuals and individuals married to someone not in the OSIPM household group receive benefits according to the one-person standard (see OAR 461-155-0210).

(b) Individuals married to someone in the individual’s OSIPM household group receive benefits according to the two-person standard (see OAR 461-155-0210).

History

Statutory/Other Authority: ORS 409.050, 411.060 & 411.710
Statutes/Other Implemented: ORS 409.010, 411.060 & 411.710
SSP 22-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 33-2017, amend filed 12/08/2017, effective 01/01/2018
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 6-2004, f. & cert. ef. 4-1-04
SSP 29-2003(Temp), f. 10-31-03, cert. ef. 11-1-03 thru 3-31-04
AFS 10-2002, f. & cert. ef. 7-1-02
AFS 9-1999, f. & cert. ef. 7-1-99
AFS 8-1998, f. 4-28-98, cert. ef. 5-1-98
AFS 23-1995, f. 9-20-95, cert. ef. 10-1-95
AFS 17-1995, f. 7-31-94, cert. ef. 8-1-95
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-160-0540 Determining Income Eligibility; OSIPM (except OSIPM-EPD) Living in the Community or Residing in a 24-Hour Mental Health Residential Care Setting and QMB

(1) This rule is used to determine income eligibility for the Qualified Medicare Beneficiaries (QMB) programs for all individuals, and for the Oregon Supplemental Income Program Medical (OSIPM) (except OSIPM-Employed Persons with Disabilities) programs for individuals who---

(a) Live in the community or a 24-hour mental health residential care setting;

(b) Do not receive Supplemental Security Income (SSI); and

(c) Do not receive Department (see OAR 461-001-0000) paid nursing facility services or home and community-based care (see OAR 461-001-0030).

(2) In the OSIPM program:

(a) Individuals residing in a 24-hour mental health residential care setting -- such as an adult foster home, residential treatment home, residential treatment facility, or a secure treatment facility -- meet the income requirements if their adjusted income (see OAR 461-001-0000) is equal to or less than the income standard specified in OAR 461-155-0250(6).

(b) Except as provided in subsection (a) of this section, individuals meet the income requirements if the adjusted income of the individual’s financial group (see OAR 461-110-0530) is less than the OSIPM program adjusted income standard.

(3) In the Qualified Medicare Beneficiaries (QMB-BAS) and Qualified Medicare Beneficiaries-Disabled Worker (QMB-DW) programs, an individual meets the income requirements if the adjusted income of the individual’s financial group is equal to or less than the QMB program adjusted income standard.

(4) In the Qualified Medicare Beneficiaries-Specified Low Income Medicare Beneficiary (QMB-SMB) and QMB-SMF programs, an individual meets the income requirements if the adjusted income of the individual’s financial group is less than the adjusted income standard.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.706, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 411.404, 411.706, 42 CFR 435.219 & 42 CFR 435.726
SSP 55-2024, amend filed 09/30/2024, effective 10/01/2024
SSP 28-2018, amend filed 09/06/2018, effective 10/01/2018
SSP 22-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 11-2018, amend filed 03/09/2018, effective 04/01/2018
SSP 26-2013, f. & cert. ef. 10-1-13
SSP 17-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13
SSP 32-2010, f. & cert. ef. 10-1-10
SSP 4-2005, f. & cert. ef. 4-1-05
SSP 22-2004, f. & cert. ef. 10-1-04
AFS 10-2002, f. & cert. ef. 7-1-02
AFS 7-1999, f. 4-27-99, cert. ef. 5-1-99
AFS 1-1999(Temp), f. & cert. ef. 2-1-99 thru 7-31-99
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-160-0550 Income Deductions; Non-SSI OSIP (except OSIP-EPD) and OSIPM (except OSIPM-EPD) in the Community When There Are No Children in the Household Group

(1) For purposes of this rule:

(a) ”Ineligible child" means an individual who is:

(A) Unmarried;

(B) Living with a natural or adoptive parent;

(D) Not eligible to receive SSI or TANF benefits, and

(E) Either under the age of 18; or under the age of 22 and attending full-time secondary, postsecondary, or vocational-technical training designed to prepare the individual for employment.

(b) "Ineligible spouse" means a spouse (see OAR 461-001-0000) who is not eligible to receive either SSI or TANF benefits.

(2) This rule is used to calculate adjusted income (see OAR 461-001-0000) for individuals in the OSIP (except OSIP-EPD) and OSIPM (except OSIPM-EPD) programs who:

(a) Live in the community;

(b) Are not assumed eligible (see OAR 461-135-0010);

(d) Do not have at least one ineligible child (see subsection (1)(a) of this rule) or child (see OAR 461-001-0000) in the household group (see OAR 461-110-0210).

(3) For purposes of this rule, and for determining whether an ineligible spouse is included in the financial group (see OAR 461-115-0530), the countable (see OAR 461-001-0000) income of the ineligible spouse is further reduced by the following:

(a) All child support paid by an ineligible spouse to any individual not in the household group .

(b) The Department deducts the amount of child support paid from unearned income first, and uses any remaining balance to reduce earned income.

(4) For an individual described in section (2) of this rule with no spouse (see OAR 461-001-0000) in the household group , the Department calculates the adjusted income of the individual under section (6) of this rule. If the individual’s adjusted income is equal to or greater than the OSIPM adjusted income standard for a need group of one under OAR 461-155-0250, the individual is not eligible for the OSIPM program.

(5) For an individual described in section (2) of this rule with an ineligible spouse who is in the household group , the Department calculates the adjusted income of the individual under section (6) of this rule first.

(a) If the individual’s adjusted income is equal to or greater than the OSIPM program adjusted income standard for a need group of one under OAR 461-155-0250, the individual is not eligible for the OSIPM program.

(b) If the individual’s adjusted income is less than the OSIPM program adjusted income standard after completing the calculation referenced in subsection (a) of this section, and the ineligible spouse is in the individual’s financial group , the Department calculates the adjusted income of the financial group under sections (3) and (6) of this rule.

(c) If the individual’s adjusted income is less than the OSIPM program adjusted income standard after completing the calculation referenced in subsection (a) of this section, and the ineligible spouse is not in the individual’s financial group , the individual meets the income requirements for the OSIPM program.

(6) To determine adjusted income , deductions from the countable (see OAR 461-001-0000) income are made in the following order:

(a) One standard deduction of $20 from unearned income.

(A) This deduction may be taken from earned income if the individual or financial group has less than $20 in unearned income.

(B) This deduction does not apply to a benefit based on need that is totally or partially funded by the federal government or by a nongovernmental agency.

(b) One standard earned income deduction of $65.

(d) One half of the remaining earned income.

(e) An income deduction for documented Blind Work Expenses (see OAR 461-001-0000).

(f) Any earned income used to fulfill a plan for self-support approved by the Social Security Administration.

History

Statutory/Other Authority: ORS 409.050, 410.070, 411.060, 411.070, 411.083, 411.404, 411.706, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.050, 410.070, 411.060, 411.070, 411.083, 411.404, 411.706, 413.085 & 414.685
SSP 11-2018, amend filed 03/09/2018, effective 04/01/2018
SSP 35-2015, f. 12-23-15, cert. ef. 1-1-16
SSP 15-2014, f. & cert. ef. 7-1-14
SSP 26-2013, f. & cert. ef. 10-1-13
SSP 17-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13
SSP 13-2009, f. & cert. ef. 7-1-09
SSP 5-2009, f. & cert. ef. 4-1-09
SSP 25-2008(Temp), f. 12-31-08, cert. ef. 1-1-09 thru 6-30-09
SSP 23-2008, f. & cert. ef. 10-1-08
SSP 17-2008, f. & cert. ef. 7-1-08
SSP 14-2007, f. 12-31-07, cert. ef. 1-1-08
SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05
SSP 6-2004, f. & cert. ef. 4-1-04
SSP 29-2003(Temp), f. 10-31-03, cert. ef. 11-1-03 thru 3-31-04
AFS 13-2002, f. & cert. ef. 10-1-02
AFS 6-2001, f. 3-30-01, cert. ef. 4-1-01
AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00
AFS 7-1999, f. 4-27-99, cert. ef. 5-1-99
AFS 1-1999(Temp), f. & cert. ef. 2-1-99 thru 7-31-99
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 28-1992, f. & cert. ef. 10-1-92
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-160-0551 Income Deductions; Non-SSI OSIP (except OSIP-EPD) and OSIPM (except OSIPM-EPD) in the Community When There Are Children in the Household Group

(1) For purposes of this rule:

(a) ”Ineligible child" means an individual who is:

(A) Unmarried;

(B) Living with a natural or adoptive parent;

(D) Not eligible to receive SSI or TANF benefits; and

(E) Either under the age of 18; or under the age of 22 and attending full-time secondary, postsecondary, or vocational-technical training designed to prepare the individual for employment.

(b) "Ineligible spouse" means a spouse (see OAR 461-001-0000) who is not eligible to receive either SSI or TANF.

(2) This rule is used to calculate adjusted income (see OAR 461-001-0000) for an individual in the OSIP (except OSIP-EPD) and OSIPM (except OSIPM-EPD) programs who meets the requirements of all of the following subsections:

(a) Either:

(A) The individual is considered a child under OAR 461-001-0000; or

(B) The individual is age 18 or older and has at least one ineligible child (see subsection (1)(a) of this rule) in the household group (see OAR 461-110-0210).

(b) Live in the community.

(d) Does not receive home and community-based care (see OAR 461-001-0030).

(3) For purposes of this rule, and for determining whether an individual’s ineligible spouse is included in the financial group (see OAR 461-115-0530), the countable (see OAR 461-001-0000) income of the ineligible spouse is further reduced by the following:

(a) All child support paid by an ineligible spouse to any individual who is not in the household group .

(b) The Department deducts the amount of child support paid from unearned income first, and uses any remaining balance to reduce earned income.

(4) For an individual described in section (2) of this rule who is 18 or older and does not have a spouse in the household group , the Department calculates the adjusted income of the individual under subsections (7)(b) to (7)(g) of this rule. If the individual’s adjusted income is equal to or greater than the OSIPM program adjusted income standard for a need group of one under OAR 461-155-0250, the individual is not eligible for the OSIPM program.

(5) For an individual described in section (2) of this rule who is 18 or older, and has a spouse in the household group who is receiving TANF or SSI benefits, the Department calculates the adjusted income of the financial group under subsections (7)(b) to (7)(g) of this rule. If the adjusted income of the financial group is equal to or greater than the OSIPM program adjusted income standard for a need group of two under OAR 461-155-0250, the individual is not eligible for the OSIPM program.

(6) For an individual described in section (2) of this rule who is 18 or older, with an ineligible spouse in the household group , the Department calculates the adjusted income of the individual under subsections (7)(b) to (7)(g) of this rule first.

(a) If the individual’s adjusted income is equal to or greater than the OSIPM program adjusted income standard for a need group of one under OAR 461-155-0250 after completing the calculation referenced in section (6) of this rule, the individual is not eligible for OSIPM.

(b) If the individual’s adjusted income is less than the OSIPM program adjusted income standard for a need group of one under OAR 461-155-0250 after completing the calculation referenced in section (6) of this rule, and the ineligible spouse is in the individual’s financial group , the Department calculates the adjusted income of the financial group under sections (3) and (7) of this rule.

(c) If the individual’s adjusted income is less than the OSIPM program adjusted income standard for a need group of one under OAR 461-155-0250 after completing the calculation referenced in section (6) of this rule, and the ineligible spouse is not in the individual’s financial group , the individual meets the income requirements for the OSIPM program.

(7) To determine adjusted income , deductions from countable (see OAR 461-001-0000) income are made in the following order:

(a) An allocation as described below:

(A) When an adult is applying, income is allocated (see paragraph (C) of this subsection) from an ineligible spouse included in the financial group to each ineligible child of the couple.

(B) When a child is applying:

(i) Income from ineligible parents is first allocated to each ineligible child in the household group .

(ii) Second, the remaining income from subparagraph (i) of this paragraph is reduced as provided in subsections (b) to (g) of this section.

(iii) Third, the remaining income is reduced by the non-SSI OSIP and OSIPM adjusted income standard of the –

(I) Couple if both parents live with the child ; or

(II) Individual if only one ineligible parent lives with the child .

(iv) Fourth, the remainder is deemed equally to each child applicant in the household group .

(v) The income deemed to the child is added to the other income of the child and deductions are taken as described in subsections (b) to (g) of this section to calculate the child's adjusted income .

(C) The maximum amount of each allocation under paragraphs (A) and (B) of this subsection is the difference between the couple and the individual SSI Standard. The allocation for paragraphs (A) and (B) of this subsection is reduced by the other countable income of each ineligible child . An allocation is taken from unearned income first, and any remaining allocation is then taken from earned income.

(b) One standard deduction of $20 from unearned income.

(A) This deduction may be taken from earned income if the individual or financial group has less than $20 in unearned income.

(B) This deduction does not apply to a benefit based on need that is totally or partially funded by the federal government or by a nongovernmental agency.

(d) An income deduction for documented Impairment Related Work Expenses (see OAR 461-001-0000).

(e) One half of the remaining earned income.

(f) An income deduction for documented Blind Work Expenses (see OAR 461-001-0000).

(g) Any earned income used to fulfill a plan for self-support approved by the Social Security Administration.

History

Statutory/Other Authority: ORS 409.050, 410.070, 411.060, 411.070, 411.083, 411.404, 411.706, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.010, 410.070, 411.060, 411.070, 411.083, 411.404, 411.706, 413.085 & 414.685
SSP 11-2018, amend filed 03/09/2018, effective 04/01/2018
SSP 14-2017, f. 6-5-17, cert. ef. 7-1-17
SSP 35-2015, f. 12-23-15, cert. ef. 1-1-16
SSP 15-2014, f. & cert. ef. 7-1-14
SSP 26-2013, f. & cert. ef. 10-1-13
SSP 17-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13
SSP 13-2009, f. & cert. ef. 7-1-09
SSP 5-2009, f. & cert. ef. 4-1-09
SSP 25-2008(Temp), f. 12-31-08, cert. ef. 1-1-09 thru 6-30-09
SSP 23-2008, f. & cert. ef. 10-1-08
SSP 17-2008, f. & cert. ef. 7-1-08

Or. Admin. R. 461-160-0552 Income Deductions; Qualified Medicare Beneficiaries Programs

(1) This rule is used to determine adjusted income (see OAR 461-001-0000) for the Qualified Medicare Beneficiaries programs: QMB-BAS and QMB-SMB (including SMF) programs.

(2) To determine adjusted income , deductions from the countable (see OAR 461-001-0000) income of the financial group (see OAR 461-110-0530) are made in the following order:

(a) All child support paid by a non-applying spouse (see OAR 461-001-0000) to any individual who does not live in the household.

(b) One standard deduction of $20 from unearned income.

(A) This deduction may be taken from earned income if the financial group has less than $20 in unearned income.

(B) This deduction does not apply to in-kind support and maintenance.

(C) This deduction does not apply to a benefit based on need that is totally or partially funded by the federal government or by a nongovernmental agency.

(d) An income deduction for documented Impairment-Related Work Expenses (see OAR 461-001-0000).

(e) One half of the remaining earned income.

(f) An income deduction for documented Blind Work Expenses (see OAR 461-001-0000).

(g) Any earned income used to fulfill a plan for self-support approved by the Social Security Administration.

History

Statutory/Other Authority: ORS 409.050, 410.070, 411.060, 411.070, 411.404, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.010, 410.070, 411.060, 411.070, 411.404, 413.085, 414.685 & 414.839
SSP 17-2018, minor correction filed 04/02/2018, effective 04/02/2018
SSP 11-2018, amend filed 03/09/2018, effective 04/01/2018
SSP 35-2015, f. 12-23-15, cert. ef. 1-1-16
SSP 23-2008, f. & cert. ef. 10-1-08

Or. Admin. R. 461-160-0570 Excluded Resource; Community Spouse Provision Before 10/1/89

For OSIP and OSIPM, if the institutionalized spouse began a continuous period of care before October 1, 1989:

(1) Count the resources owned by the institutionalized spouse.

(2) Count resources jointly owned by both spouses according to rules on availability of resources.

(3) Do not count the resources owned solely by the community spouse.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.404 & 411.706
Statutes/Other Implemented: ORS 411.060, 411.070, 411.083, 411.404, 411.704 & 411.706
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-160-0580 Excluded Resource; Community Spouse Provision (OSIPM except OSIPM-EPD)

This rule explains how resource exclusions apply for individuals in a nonstandard living arrangement (see OAR 461-001-0000) when there is a community spouse (see OAR 461-001-0030) in the Oregon Supplemental Income Program Medical (OSIPM) (except OSIPM-Employed Persons with Disabilities (OSIPM-EPD)):

(1) This rule applies to:

(a) An institutionalized spouse (see OAR 461-001-0030) who has applied for benefits because the individual is in or will be in a continuous period of care (see OAR 461-001-0030).

(b) An individual in a nonstandard living arrangement who becomes legally married (see OAR 461-001-0000) following initial approval for service benefits.

(2) Whether a legally married couple lives together or not, the determination of whether the value of the couple's resources exceeds the eligibility limit for the institutionalized spouse for OSIPM is made as follows:

(a) The first step is the determination of what the couple's combined countable (see OAR 461-001-0000) resources were at the beginning of the most recent continuous period of care, or the date they became legally married , whichever occurs later. (The beginning of the continuous period of care is the first month of that continuous period.)

(A) Division 461-140 and 461-145 rules applicable to OSIPM describe which of the couple's resources are countable resources, and are applicable to determine whether a community spouse 's resources are countable , even if the rule only applies to OSIPM individuals.

(B) The countable resources of both spouses (see OAR 461-001-0000) are combined.

(C) At this point in the computation, the couple's combined countable resources are considered available equally to both spouses.

(b) The second step is the calculation of one half of what the couple's combined countable resources were at the beginning of the continuous period of care , or the date they became legally married , whichever occurs later. The community spouse's half of the couple's combined resources is treated as a constant amount when determining eligibility.

(c) The third step is the determination of the community spouse's resource allowance. The community spouse's resource allowance is the largest of the four following amounts:

(A) The community spouse's half of what the couple's combined countable resources were at the beginning of the continuous period of care , or the date the couple became legally married , whichever occurs later, but not more than $162,660.

(B) $32,532 (the state community-spouse resource allowance).

(C) A court-ordered community spouse resource allowance. In this paragraph and paragraph (2)(f)(C) of this rule, the term "court-ordered community spouse resource allowance" means a "court-ordered community spouse resource allowance" that, in relation to the income generated, would raise the community spouse's income to a court-approved monthly maintenance needs allowance. In cases where the individual became an institutionalized spouse on or after February 8, 2006, this resource allowance must use all of the individual's available income and the community spouse's income to meet the community spouse's monthly maintenance needs allowance before any resources are used to generate interest income to meet the allowance.

(D) After considering the income of the community spouse and the income available from the institutionalized spouse , an amount which, if invested, would raise the community spouse's income to the monthly maintenance needs allowance. The amount described in this paragraph is the amount required to purchase a single premium immediate annuity to make up the shortfall; and the amount described in this paragraph is considered only if the amount described in subparagraph (i) of this paragraph is larger than the amount described in subparagraph (ii); it is the difference between the following:

(i) The maintenance needs allowance computed in accordance with OAR 461-160-0620.

(ii) The difference between:

(I) The sum of gross countable income of the community spouse and the institutionalized spouse ; and

(II) The applicable need standard under OAR 461-160-0620(3)(c).

(d) The fourth step is the determination of what the couple's current combined countable resources are when a resource assessment is requested or the institutionalized spouse applies for OSIPM. The procedure in subsection (2)(a) (first step) of this rule is used.

(e) The fifth step is the subtraction of the community spouse's resource allowance from the couple's current combined countable resources. The resources remaining are considered available to the institutionalized spouse .

(f) The sixth step is a comparison of the value of the remaining resources to the OSIPM resource standard for one person (under OAR 461-160-0015). If the value of the remaining resources is at or below the standard, the institutionalized spouse meets this eligibility requirement. If the value of the remaining resources is above the standard, the institutionalized spouse cannot be eligible until the value of the couple's combined countable resources is reduced to the largest of the four following amounts:

(A) The community spouse's half of what the couple's combined countable resources were at the beginning of the continuous period of care , or the date they became legally married , whichever is later (but not more than $162,660) plus the OSIPM resource standard for one person.

(B) $32,532 (the state community-spouse resource allowance), plus the OSIPM resource standard for one person.

(C) A "court-ordered community spouse resource allowance" plus the OSIPM resource standard for one person. (See paragraph (2)(c)(C) of this rule for a description of the "court-ordered community spouse resource allowance".)

(D) The OSIPM resource standard for one person plus the amount described in the remainder of this paragraph. After considering the income of the community spouse and the income available from the institutionalized spouse , add an amount which, if invested, would raise the community spouse's income to the monthly maintenance needs allowance. This amount is the amount required to purchase a single premium immediate annuity to make up the shortfall. Add this amount only if the amount described in subparagraph (i) of this paragraph is larger than the amount described in subparagraph (ii); it is the difference between the following:

(i) The monthly income allowance computed in accordance with OAR 461-160-0620.

(ii) The difference between:

(I) The sum of gross countable income of the community spouse and the institutionalized spouse ; and

(II) The applicable need standard under OAR 461-160-0620(3)(c).

(3) Once eligibility has been established, or reestablished in the event the individual becomes legally married after initial approval or services, resources equal to the community spouse's resource allowance (under subsection (2)(c) of this rule) must be transferred to the community spouse if those resources are not already in that spouse's name. The institutionalized spouse must indicate their intent to transfer the resources and must complete the transfer to the community spouse within 90 days. This period may be extended for good cause. These resources are excluded during this period. After this period, resources owned by the institutionalized spouse but not transferred out of that spouse's name will be countable and used to determine ongoing eligibility.

(4) The provisions of paragraph (2)(c)(C) of this rule requiring income to be considered first may be waived if the Department determines that the resulting community resource allowance would create an undue hardship on the spouse of the individual.

History

Statutory/Other Authority: ORS 411.070, 411.083, 411.404, 411.706, ORS 411.060, ORS 409.050, 413.085 & 414.685
Statutes/Other Implemented: ORS 411.060, 411.070, 411.083, 411.404, 411.706 & ORS 409.010
SSP 29-2025, amend filed 12/29/2025, effective 01/01/2026
SSP 61-2024, amend filed 12/30/2024, effective 01/01/2025
SSP 52-2023, amend filed 12/18/2023, effective 01/01/2024
SSP 58-2022, amend filed 12/22/2022, effective 01/01/2023
SSP 5-2022, amend filed 02/02/2022, effective 02/02/2022
SSP 77-2021, temporary amend filed 12/20/2021, effective 01/01/2022 through 06/29/2022
SSP 45-2020, amend filed 12/22/2020, effective 01/01/2021
SSP 21-2020, amend filed 07/08/2020, effective 07/08/2020
SSP 26-2019, amend filed 12/27/2019, effective 01/01/2020
SSP 34-2018, amend filed 12/04/2018, effective 01/01/2019
SSP 33-2017, amend filed 12/08/2017, effective 01/01/2018
SSP 44-2016, f. 12-7-16, cert. ef. 1-1-17
SSP 4-2015, f. & cert. ef. 1-1-15
SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 37-2012, f. 12-28-12, cert. ef. 1-1-13
SSP 35-2011, f. 12-27-11, cert. ef. 1-1-12
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09
SSP 14-2007, f. 12-31-07, cert. ef. 1-1-08
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06
SSP 5-2006(Temp), f. & cert. ef. 3-6-06 thru 8-31-06
SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06
SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05
SSP 22-2004, f. & cert. ef. 10-1-04
SSP 33-2003, f. 12-31-03, cert. ef. 1-4-04
AFS 22-2002, f. 12-31-02, cert. ef. 1-1-03
AFS 10-2002, f. & cert. ef. 7-1-02
AFS 5-2002, f. & cert. ef. 4-1-02
AFS 27-2001, f. 12-21-01, cert. ef. 1-1-02
AFS 34-2000, f. 12-22-00, cert. ef. 1-1-01
AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00
AFS 16-1999, f. 12-29-99, cert. ef. 1-1-00
AFS 11-1999, f. & cert. ef. 10-1-99
AFS 9-1999, f. & cert. ef. 7-1-99
AFS 7-1999, f. 4-27-99, cert. ef. 5-1-99
AFS 1-1999(Temp), f. & cert. ef. 2-1-99 thru 7-31-99
AFS 25-1998, f. 12-28-98, cert. ef. 1-1-99
AFS 24-1997, f. 12-31-97, cert. ef. 1-1-98
AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97
AFS 41-1995, f. 12-26-95, cert. ef. 1-1-96
AFS 29-1994, f. 12-29-94, cert. ef. 1-1-95
AFS 29-1993, f. 12-30-93, cert. ef. 1-1-94
AFS 5-1993, f. & cert. ef. 4-1-93
AFS 8-1992, f. & cert. ef. 4-1-92
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 3-1991(Temp), f. & cert. ef. 1-17-91
AFS 16-1990, f. 6-29-90, cert. ef. 7-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-160-0590 Assessment of Resources; Community Spouse Provision

In the OSIP and OSIPM programs, this rule applies to an institutionalized spouse who began a continuous period of care on or after October 1, 1989.

(1) The Department assesses a couple's combined countable (see OAR 461-001-0000) resources at the beginning of each continuous period of care when requested by either spouse or by a representative acting on behalf of either spouse (see OAR 461-001-0000).

(2) The Department advises requesting parties of the verification needed to make the assessment. Verification of ownership interest and current value of resources must be provided. When verification is not provided within specified time frames, the Department advises requesting parties that an assessment may not be completed.

(3) Either spouse has a right to a contested case hearing:

(a) To contest the Department’s determination of the couple’s countable resources at the time of resource assessment.

(b) To contest the Department’s method of computing the community spouse’s resource allowance.

(4) In order to be timely, a hearing request completed about issues under section (3) of this rule must meet the requirements of OAR 461-025-0310.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.706, 413.085 & 414.685
Statutes/Other Implemented: ORS 183.415, 411.060, 411.070, 411.083, 411.404, 411.704, 411.706, 413.085 & 414.685
SSP 14-2017, f. 6-5-17, cert. ef. 7-1-17
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-160-0600 Availability of Income; Couple with an Institutionalized Spouse

This rule applies to an OSIP or OSIPM institutionalized spouse who began a continuous period of care on or after October 1, 1989.

(1) Do not deem any of the community spouse's income available to the institutionalized spouse at any time during the institutionalized spouse's continuous period of care.

(2) Determine the ownership of income from property that belongs to the institutionalized or community spouse as follows, unless legal documents specifically provide otherwise:

(a) If the payment is made solely to the institutionalized spouse or the community spouse, the income is available only to that spouse.

(b) If the payment is made to both the institutionalized and the community spouse, one-half of the income is available to each.

(c) If the payment is made to one spouse and another person, or to both spouses and another person, the income available to each spouse is whatever their share of the income is. If the payment is made to both spouses and another person, and it is not clear what each spouse's share of the income is, each spouse's share will be one-half of the couple's portion of the payment.

(d) If the institutionalized spouse can prove that the ownership of income is other than provided above, allow that amount.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060
SSP 16-2003, f. & cert. ef. 7-1-03
AFS 29-1994, f. 12-29-94, cert. ef. 1-1-95
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-160-0610 Patient Liability; OSIPM (except OSIPM-EPD)

(1) An individual in the Oregon Supplemental Income Program Medical (OSIPM) (except Oregon Supplemental Income Program Medical - Employed Persons with Disabilities (OSIPM-EPD)) program who receives long-term care (see OAR 461-001-0000) services must, in order to remain eligible, make the payment required by this rule, except as provided in sections (3) through (6) of this rule. Individuals must apply their adjusted income to the cost of the care or service in the amount, if any, determined by the Department. This amount is the patient liability. If the individual's adjusted income exceeds the cost of care or service, the individual must pay the full cost of care but has no additional liability.

(2) Effective January 1, 2026, individuals enrolled in Program of All-Inclusive Care for the Elderly (PACE) who are residing in alternate service settings (see OAR 411-045-0010) are required to pay a patient liability under this rule.

(3) An individual who receives Supplemental Security Income (SSI), or is deemed to receive SSI under section 1619(b) of the Social Security Act (42 U.S.C. § 1382h(b)), is eligible for OSIPM program benefits without having to make a payment.

(4) The following individuals do not pay a patient liability:

(a) Individuals receiving home and community-based care in-home services (see OAR 461-001-0030 and OAR Chapter 411, Division 030), including individuals receiving in-home services under PACE (see OAR Chapter 411 Division 045).

(b) Individuals receiving Independent Choices Program (ICP) (see OAR Chapter 411, Division 030).

(d) Individuals receiving State Plan Personal Care Services (see OAR Chapter 411 Division 034).

(e) Individuals receiving OSIPM under the following categories if they receive home and community-based care :

(A) An adult child with a disability under OAR 461-135-0830.

(B) A widow or widower under OAR 461-135-0820.

(5) In the initial month of placement, an individual may be exempt from payments required under this rule if the Department determines that the individual's income has been exhausted prior to placement. If any income remains, the individual must contribute to the cost of care or service.

(6) An individual residing in an acute care hospital or mental health residential treatment facility is exempt from payments required by this rule while residing in the acute care hospital or mental health residential treatment facility. If a service benefit was received prior to admission to the acute care hospital, payment must be made for that service. For purposes of this rule, only the following types of treatment centers qualify as a mental health residential treatment facility:

(a) A mental health adult foster home.

(b) A mental health residential treatment home.

(d) A mental health secure residential treatment facility.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.706, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 411.404 & 411.706
SSP 19-2026, amend filed 03/19/2026, effective 04/01/2026
SSP 28-2025, temporary amend filed 12/24/2025, effective 01/01/2026 through 06/29/2026
SSP 34-2022, amend filed 04/28/2022, effective 05/01/2022
SSP 79-2021, temporary amend filed 12/22/2021, effective 01/01/2022 through 06/29/2022
SSP 12-2021, minor correction filed 02/18/2021, effective 02/18/2021
SSP 22-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 26-2013, f. & cert. ef. 10-1-13
SSP 17-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13
SSP 32-2010, f. & cert. ef. 10-1-10
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
SSP 23-2008, f. & cert. ef. 10-1-08
SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06
SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05
SSP 9-2005(Temp), f. & cert. ef. 7-6-05 thru 10-1-05
SSP 8-2005(Temp), f. & cert. ef. 7-1-05 thru 10-1-05
SSP 22-2004, f. & cert. ef. 10-1-04
SSP 16-2003, f. & cert. ef. 7-1-03
AFS 10-2002, f. & cert. ef. 7-1-02
AFS 7-1999, f. 4-27-99, cert. ef. 5-1-99
AFS 1-1999(Temp), f. & cert. ef. 2-1-99 thru 7-31-99
AFS 29-1994, f. 12-29-94, cert. ef. 1-1-95
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-160-0620 Income Deductions and Patient Liability; Long-Term Care Services or Home and Community-Based Care; OSIPM

In the Oregon Supplemental Income Program Medical (OSIPM):

(1) Deductions from income are made for an individual residing in or entering a long-term care facility or receiving home and community-based care (see OAR 461-001-0030) as explained in subsections (3)(a) to (3)(h) of this rule.

(2) The liability of an individual is determined according to subsection (3)(i) of this rule, except as provided otherwise in OAR 461-160-0610.

(3) Deductions are made in the following order:

(a) One standard earned income deduction of $65 is made from the earned income in the OSIPM program.

(b) The deductions under the plan for self-support as allowed by OAR 461-145-0405.

(A) A $81.28 personal needs allowance for an individual receiving long-term care services.

(B) A $90 personal needs allowance for an individual receiving long-term care services who is eligible for Veterans Administration (VA) benefits based on unreimbursed medical expenses. The $90 allowance is allowed only when the VA benefit has been reduced to $90.

(i) Except as provided in subparagraph (ii) of this paragraph, the OSIPM maintenance standard.

(ii) For an individual who receives in-home services, the OSIPM maintenance standard plus $500.

(d) A community spouse (see OAR 461-001-0030) monthly income allowance is deducted from the income of the institutionalized spouse (see OAR 461-001-0030) to the extent that the income is made available to or for the benefit of the community spouse , using the following calculation.

(A) Step 1--Determine the maintenance needs allowance. $2,705.00 is added to the amount over $811.50 that is needed to pay monthly shelter expenses for the principal residence of the couple. This sum or $4,066.50, whichever is less, is the maintenance needs allowance. For the purpose of this calculation, shelter expenses are the rent or home mortgage payment (principal and interest), taxes, insurance, required maintenance charges for a condominium or cooperative, and the full standard utility allowance for the Supplemental Nutrition Assistance Program (SNAP) (see OAR 461-160-0420). If an all-inclusive rate covers items that are not allowable shelter expenses, including meals or housekeeping in an assisted living facility, or the rate includes utilities, to the extent they can be distinguished, these items must be deducted from the all-inclusive rate to determine allowable shelter expenses.

(B) Step 2--Compare maintenance needs allowance with community spouse's countable income. The countable (see OAR 461-001-0000) income of the community spouse is subtracted from the maintenance needs allowance determined in step 1. The difference is the income allowance unless the allowance described in step 3 is greater.

(C) Step 3--If a spousal support order or exceptional circumstances resulting in significant financial distress require a greater income allowance than that calculated in step 2, the greater amount is the allowance.

(e) A dependent income allowance for an eligible dependent (see OAR 461-001-0030) as follows:

(A) For a case with a community spouse , a deduction is permitted only if the monthly income of the eligible dependent is below $2,705. To determine the income allowance of each eligible dependent:

(i) The monthly income of the eligible dependent is deducted from $2,705.

(ii) One-third of the amount remaining after the subtraction in paragraph (A) of this subsection is the income allowance of the eligible dependent.

(B) For a case with no community spouse :

(i) The allowance is the Temporary Assistance for Needy Families (TANF) adjusted income standard (see OAR 461-155-0030) for the individual and eligible dependents.

(ii) The TANF standard is not reduced by the income of the dependent.

(f) Costs for maintaining a home if the individual meets the criteria in OAR 461-160-0630.

(g) Medical deductions allowed by OAR 461-160-0030 and 461-160-0055 are made for costs not covered under the state plan.

(h) After taking all the deductions allowed by this rule, the remaining balance is the adjusted income (see OAR 461-001-0000).

(i) The individual's liability is determined as follows:

(A) For an individual receiving home and community-based care (except individuals identified in section (2) of this rule), the liability is the actual cost of the home and community-based care or the adjusted income of the individual, whichever is less. This amount must be paid to the Department or the home and community-based care facility each month as a condition of being eligible for home and community-based care .

(B) For an individual who resides in a nursing facility, the liability is the actual cost of services or the adjusted income of the individual, whichever is less. This amount must be paid to the facility each month as a condition of being eligible for nursing facility services.

History

Statutory/Other Authority: ORS 409.050, 413.085, 411.060, 411.070, 411.404, 414.065, 414.685 & 411.706
Statutes/Other Implemented: ORS 409.010, 413.085, 411.060, 411.070, 411.404, 414.065, 414.685, 42 USC 1396r-5, 411.706 & 42 CFR 435.725 - 435.735
SSP 30-2026, amend filed 07/06/2026, effective 07/06/2026
SSP 29-2025, amend filed 12/29/2025, effective 01/01/2026
SSP 11-2025, amend filed 06/23/2025, effective 07/01/2025
SSP 61-2024, amend filed 12/30/2024, effective 01/01/2025
SSP 41-2024, amend filed 06/20/2024, effective 07/01/2024
SSP 52-2023, amend filed 12/18/2023, effective 01/01/2024
SSP 21-2023, amend filed 06/22/2023, effective 07/01/2023
SSP 58-2022, amend filed 12/22/2022, effective 01/01/2023
SSP 40-2022, amend filed 06/29/2022, effective 07/01/2022
SSP 34-2022, amend filed 04/28/2022, effective 05/01/2022
SSP 6-2022, temporary amend filed 02/02/2022, effective 02/02/2022 through 06/29/2022
SSP 5-2022, amend filed 02/02/2022, effective 02/02/2022
SSP 77-2021, temporary amend filed 12/20/2021, effective 01/01/2022 through 06/29/2022
SSP 34-2021, amend filed 06/23/2021, effective 07/01/2021
SSP 13-2021, minor correction filed 02/18/2021, effective 02/18/2021
SSP 45-2020, amend filed 12/22/2020, effective 01/01/2021
SSP 19-2020, amend filed 06/23/2020, effective 07/01/2020
SSP 11-2020, amend filed 04/27/2020, effective 04/27/2020
SSP 26-2019, amend filed 12/27/2019, effective 01/01/2020
SSP 23-2019, amend filed 10/21/2019, effective 10/22/2019
SSP 16-2019, temporary amend filed 06/28/2019, effective 07/01/2019 through 09/30/2019
SSP 34-2018, amend filed 12/04/2018, effective 01/01/2019
SSP 22-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 33-2017, amend filed 12/08/2017, effective 01/01/2018
SSP 23-2017, f. 9-11-17, cert. ef. 10-1-17
SSP 14-2017, f. 6-5-17, cert. ef. 7-1-17
SSP 44-2016, f. 12-7-16, cert. ef. 1-1-17
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 24-2016, f. 6-29-16, cert. ef. 7-1-16
SSP 21-2015, f. & cert. ef. 7-1-15
SSP 4-2015, f. & cert. ef. 1-1-15
SSP 24-2014, f. & cert. ef. 10-1-14
SSP 17-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14
SSP 15-2014, f. & cert. ef. 7-1-14
SSP 3-2014, f. 1-31-14, cert. ef. 2-1-14
SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 25-2013, f. & cert. ef. 10-1-13
SSP 16-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13
SSP 37-2012, f. 12-28-12, cert. ef. 1-1-13
SSP 30-2012, f. 9-28-12, cert. ef. 10-1-12
SSP 23-2012(Temp), f. 6-29-12, cert. ef. 7-1-12 thru 12-28-12
SSP 35-2011, f. 12-27-11, cert. ef. 1-1-12
SSP 25-2011, f. 9-30-11, cert. ef. 10-1-11
SSP 18-2011(Temp), f. & cert. ef. 7-1-11 thru 12-28-11
SSP 13-2009, f. & cert. ef. 7-1-09
SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09
SSP 17-2008, f. & cert. ef. 7-1-08
SSP 14-2007, f. 12-31-07, cert. ef. 1-1-08
SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06
SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06
SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05
SSP 9-2005(Temp), f. & cert. ef. 7-6-05 thru 10-1-05
SSP 8-2005(Temp), f. & cert. ef. 7-1-05 thru 10-1-05
SSP 7-2005, f. & cert. ef. 7-1-05
SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05
SSP 17-2004, f. & cert. ef. 7-1-04
SSP 33-2003, f. 12-31-03, cert. ef. 1-4-04
SSP 23-2003, f. & cert. ef. 10-1-03
SSP 16-2003, f. & cert. ef. 7-1-03
AFS 22-2002, f. 12-31-02, cert. ef. 1-1-03
AFS 10-2002, f. & cert. ef. 7-1-02
AFS 5-2002, f. & cert. ef. 4-1-02
AFS 11-2001, f. 6-29-01, cert. ef. 7-1-01
AFS 6-2001, f. 3-30-01, cert. ef. 4-1-01
AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00
AFS 17-2000, f. 6-28-00, cert. ef. 7-1-00
AFS 10-2000, f. 3-31-00, cert. ef. 4-1-00
AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00
AFS 6-1999, f. & cert. ef. 4-22-99
AFS 3-1999, f. 3-31-99, cert. ef. 4-1-99
AFS 1-1999(Temp), f. & cert. ef. 2-1-99 thru 7-31-99
AFS 8-1998, f. 4-28-98, cert. ef. 5-1-98
AFS 6-1998(Temp), f. 3-30-98, cert. ef. 4-1-98 thru 5-31-98
AFS 5-1997, f. 4-30-97, cert. ef. 5-1-97
AFS 15-1996, f. 4-29-96, cert. ef. 5-1-96
AFS 23-1995, f. 9-20-95, cert. ef. 10-1-95
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 29-1994, f. 12-29-94, cert. ef. 1-1-95
AFS 6-1994, f. & cert. ef. 4-1-94
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 5-1993, f. & cert. ef. 4-1-93
AFS 28-1992, f. & cert. ef. 10-1-92
AFS 17-1992, f. & cert. ef. 7-1-92
AFS 8-1992, f. & cert. ef. 4-1-92
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 16-1990, f. 6-29-90, cert. ef. 7-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-160-0630 Deduction for Maintaining a Home; Nursing Facility Care Client

Retroactively effective July 6, 2020, in the OSIP and OSIPM programs:

(1) A single individual in a nursing facility is eligible for a home maintenance deduction for up to six months if all of the following are true:

(a) The individual would not be able to afford to keep the home or rental property without the deduction.

(b) A physician has documented that the individual is likely to return home within six months.

(2) The amount of the deduction is the total of the individual’s housing cost, including taxes and homeowners insurance, plus the limited standard utility allowance for the SNAP program provided in OAR 461-160-0420.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.404, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.010, 411.060 & 411.404
SSP 21-2020, amend filed 07/08/2020, effective 07/08/2020
SSP 13-2019, minor correction filed 04/30/2019, effective 04/30/2019
SSP 8-2019, amend filed 03/13/2019, effective 04/01/2019
SSP 11-2018, amend filed 03/09/2018, effective 04/01/2018
SSP 23-2017, f. 9-11-17, cert. ef. 10-1-17
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
AFS 10-2002, f. & cert. ef. 7-1-02
AFS 29-1994, f. 12-29-94, cert. ef. 1-1-95
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-160-0780 Determining Adjusted Income; OSIP-EPD and OSIPM-EPD

Adjusted income for OSIP-EPD and OSIPM-EPD is determined as follows:

(1) All unearned income is excluded.

(2) Starting with countable (see OAR 461-001-0000) earned income, one standard income deduction of $20 is subtracted.

(3) One standard earned income deduction of $65 is then subtracted.

(4) The remainder is divided by two.

(5) Any costs allowed as employment and independence expenses, Impairment Related Work Expenses , or Blind Work Expenses as defined in OAR 461-001-0035 are deducted.

(6) The remainder is adjusted income.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.404, 411.706, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 411.404, 411.706, 413.085 & 414.685
SSP 11-2018, amend filed 03/09/2018, effective 04/01/2018
SSP 14-2017, f. 6-5-17, cert. ef. 7-1-17
SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
AFS 17-2000, f. 6-28-00, cert. ef. 7-1-00
AFS 7-1999, f. 4-27-99, cert. ef. 5-1-99
AFS 1-1999(Temp), f. & cert. ef. 2-1-99 thru 7-31-99

Or. Admin. R. 461-160-0800 Determining Participant Fee; OSIP-EPD, OSIPM-EPD (Including In-Home Services)

(1) Individuals who receive OSIP-EPD and OSIPM-EPD program benefits will have a participant fee (see OAR 461-001-0035).

(a) For individuals in a standard living arrangement (see OAR 461-001-0000), the participant fee is the amount calculated under section (2) of this rule.

(b) For individuals in a nonstandard living arrangement (see OAR 461-001-0000), the participant fee is the amount calculated under section (2) of this rule or the patient liability as discussed in OAR 461-160-0620, whichever is less.

(2) The participant fee is calculated using the Federal Poverty Level (FPL) (see OAR 461-155-0290) and the individual's total countable (see OAR 461-001-0000) income as follows:

(a) For individuals with countable income less than 75 percent of the FPL, the participant fee is $0.

(b) For individuals with countable income equal to or greater than 75 percent but less than 100 percent of the FPL, the participant fee is $50 per month.

(c) For individuals with countable income equal to or greater than 100 percent but less than 250 percent of the FPL, the participant fee is $100 per month.

(d) For individuals with countable income equal to or greater than 250 percent of the FPL, the participant fee is $150 per month.

(3) The participant fee must be paid each month as a condition of eligibility for as long as the individual is receiving OSIP-EPD or OSIPM-EPD.

(4) OSIP-EPD and OSIPM-EPD individuals in a licensed community-based care facility must pay room and board costs in addition to their participant fees.

(5) The local office may waive unpaid participant fees if the individual provides verification (OAR 461-115-0610) of significant economic difficulty, such as, but not limited to, homelessness, divorce, domestic violence (see OAR 461-001-0000), or illness.

History

Statutory/Other Authority: ORS 411.060, 411.070 & 414.042
Statutes/Other Implemented: ORS 411.060, 411.070 & 414.042
SSP 67-2021, minor correction filed 12/14/2021, effective 12/14/2021
SSP 21-2020, amend filed 07/08/2020, effective 07/08/2020
SSP 17-2011, f. & cert. ef. 7-1-11
SSP 17-2008, f. & cert. ef. 7-1-08
SSP 6-2008(Temp), f. 2-29-08, cert. ef. 3-1-08 thru 8-28-08
AFS 17-2000, f. 6-28-00, cert. ef. 7-1-00
AFS 7-1999, f. 4-27-99, cert. ef. 5-1-99
AFS 1-1999(Temp), f. & cert. ef. 2-1-99 thru 7-31-99

Or. Admin. R. 461-160-0855 Excluded Resources for Payments Received Under a Qualified Partnership Policy; OSIPM

In the OSIPM program:

(1) When an individual in a non-standard living arrangement (see OAR 461-001-0000) applies for medical benefits, the Department excludes as a resource an amount equal to the insurance payments received under a Qualified Partnership Policy (see OAR 461-001-0000) as of the initial month (see OAR 461-001-0000) of eligibility, unless the Qualified Partnership Policy was purchased in a state that has elected not to participate in reciprocity.

(2) The exclusion in section (1) of this rule is subject to all of the following:

(a) It does not apply when home equity exceeds the limit in OAR 461-145-0220(2)(a).

(b) It applies to all other resources (not covered by subsection (a) of this section), notwithstanding other rules in this chapter of rules that designate the resources as countable (see OAR 461-001-0000).

(3) For the amount of resources excluded under this rule, the Department will not establish a claim against the estate of the deceased individual in accordance with OAR 461-135-0835.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.083, 411.404, 411.704, 411.706, 411.708, 414.025, ORS 409.050, 413.085 & 414.685
Statutes/Other Implemented: 411.060, 411.070, 411.083, 411.404, 411.704, 411.706, 411.708, 414.025 & ORS 409.010
SSP 15-2019, amend filed 06/11/2019, effective 07/01/2019
SSP 10-2019, temporary amend filed 04/01/2019, effective 04/01/2019 through 06/30/2019
SSP 8-2019, amend filed 03/13/2019, effective 04/01/2019
SSP 33-2017, amend filed 12/08/2017, effective 01/01/2018
SSP 32-2010, f. & cert. ef. 10-1-10
SSP 14-2007, f. 12-31-07, cert. ef. 1-1-08

Division 165 ISSUING BENEFITS

Or. Admin. R. 461-165-0010 Legal Status of Benefit Payments

(1) Under Oregon law, cash benefits are not subject to assignment, transfer, garnishment, levy, or execution, as long as they can be identified as program payments and are separate from other money in the client's possession.

(2) Except for electronic benefit transfer (EBT), the Department considers a benefit issued if the check has been handed to the client or vendor, or mailed to the client or vendor. The Department considers a benefit issued, and received by the client, when a direct check deposit is made to the client's or vendor’s bank account.

(3) Cash benefits subject to refund or rebate (see OAR 461-145-0435) by a vendor are to be issued by the vendor to the client.

(4) For EBT,

(b) The Department considers benefits available as provided under OAR 461-165-0100.

(c) Unused benefits remain available for client access for 274 days from the date the benefits were made available in the EBT account.

(d) Unused benefits are expunged by the oldest benefit allotment after 274 days if none of the benefits have been used during the 274 days. “Used” means a purchase or withdrawal of any amount.

(e) If benefit expungement is delayed past the required 274 days for any reason, all unused benefits that have reached or exceeded the 274 days shall be expunged at the earliest date possible.

(f) Expunged benefits shall not be restored to the client.

(5) Benefits, once issued, are unrestricted and do not require accountability for individual expenditures or amounts, unless limited elsewhere in rule.

(6) In the REF program:

(a) Cash benefits are provided to help meet the basic needs of low-income refugees and may not be used in any electronic benefit transfer transaction (see section (10) of this rule) in--

(A) Any liquor store (see section (10) of this rule);

(B) Any casino, gambling casino, or gaming establishment (see section (10) of this rule);

(C) Any retail establishment which provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment; or

(D) Any marijuana dispensary.

(b) The Department will take steps to ensure individuals have adequate access to their cash benefits.

(7) In the SFPSS and TANF programs:

(a) Cash benefits are provided to help meet the basic needs of low-income families with dependent children (see OAR 461-001-0000) and may not be used in any electronic benefit transfer transaction in--

(A) Any liquor store ;

(B) Any casino, gambling casino, or gaming establishment ;

(C) Any retail establishment which provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment; or

(D) Any marijuana dispensary.

(b) The Department will take steps to ensure individuals have adequate access to their cash benefits.

(8) For purposes of sections (6) and (7) of this rule:

(a) "Liquor store" means any retail establishment which sells exclusively or primarily intoxicating liquor. Such term does not include a grocery store which sells both intoxicating liquor and groceries including staple foods (as defined in section 3(r) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(r))). The term "liquor" includes alcoholic beverages broadly, including beer and wine.

(b) "Casino, gambling casino, or gaming establishment" means an establishment with a primary purpose of accommodating the wagering of money, and does not include--

(A) A grocery store which sells groceries including such staple foods and which also offers, or is located within the same building or complex as, casino, gambling, or gaming activities; or

(B) Any other establishment that offers casino, gambling, or gaming activities incidental to the principal purpose of the business.

(c) "Electronic benefit transfer transaction" means the use of a credit or debit card service, automated teller machine, point-of-sale terminal, or access to an online system for the withdrawal of funds or the processing of a payment for merchandise or a service.

(A) "Electronic benefit transfer transaction" includes transactions in Oregon, outside Oregon, and on tribal lands.

(B) "Electronic benefit transfer transaction" includes using or accessing cash benefits in a private bank account.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.816, 412.006, 412.014 & 412.049
Statutes/Other Implemented: ORS 409.010, 409.050, 411.060, 411.070, 411.816, 411.837, 412.006, 412.014, 412.049, 412.151, 7 CFR 274.2 & 412.072
SSP 37-2024, minor correction filed 04/25/2024, effective 04/25/2024
SSP 59-2022, amend filed 12/27/2022, effective 01/01/2023
SSP 44-2020, amend filed 12/22/2020, effective 01/01/2021
SSP 32-2018, amend filed 11/26/2018, effective 12/01/2018
SSP 23-2018, temporary amend filed 06/26/2018, effective 07/01/2018 through 12/27/2018
SSP 45-2016, f. 12-20-16, cert. ef. 1-1-17
SSP 23-2016, f. 6-28-16, cert. ef. 7-1-16
SSP 19-2015, f. & cert. ef. 7-1-15
SSP 5-2013, f. & cert. ef. 2-6-13
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
SSP 13-2009, f. & cert. ef. 7-1-09
AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97
AFS 6-1994, f. & cert. ef. 4-1-94
AFS 11-1991, f. 4-30-91, cert. ef. 5-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-165-0030 Concurrent and Duplicate Program Benefits

(1) Except as noted in this rule, an individual may not receive benefits from the Department of the same type (that is, cash, medical, or SNAP benefits) for the same period as a member of two or more different benefit groups (see OAR 461-110-0750) or from two or more separate programs. Except as allowed in subsection (e) of this section, this provision includes a prohibition against an individual receiving TANF concurrently with another cash assistance program funded under Title IV-E of the Social Security Act.

(a) An individual may receive EA, HSP, and TA-DVS benefits and cash payments from other programs for the same time period.

(b) If a GA recipient becomes eligible for the TANF program, the GA recipient may not receive a TANF cash payment for themselves in the month a GA cash payment was received.

(c) An individual in the SNAP program who leaves a filing group (see OAR 461-110-0310 and 461-110-0370) that includes an individual who abused them and enters a domestic violence shelter (see OAR 461-001-0000) or safe home (see OAR 461-001-0000) for survivors of domestic violence (see OAR 461-001-0000) may receive SNAP benefits twice during the month the individual enters the domestic violence shelter or safe home .

(d) Except in the QMB-DW and QMB-SMF programs, a QMB recipient may also receive medical benefits from OSIPM, REFM, MAGI Child, MAGI Parent or Other Caretaker Relative, or MAGI Pregnant Woman. QMB-DW and QMB-SMF recipients may not receive any other medical assistance program offered under the state plan (see OAR 461-135-0730).

(e) An individual may receive Chafee (see division 030 of Oregon Administrative Rule chapter 413) and TANF benefits during the same time period. As of January 1, 2013, receipt of both Chafee and TANF benefits will not result in an overpayment.

(f) An individual receiving Employment Payments (see OAR 461-001-0025 and 461-135-1270) who becomes eligible for TANF in the same month may receive both benefits in the same month.

(g) An individual receiving JPI (see OAR 461-135-1260) who becomes eligible for Pre-TANF or TANF in the same month may receive both benefits in the same month.

(2) An individual may not receive benefits of the same type (that is, cash, medical, or SNAP benefits) for the same period from both Oregon and another state or tribal food distribution program, except as follows:

(a) Medical benefits may be authorized for an eligible individual if the individual's provider refuses to submit a bill to the Medicaid agency of another state and the individual would not otherwise receive medical care.

(b) Cash benefits may be authorized for an individual in the Pre-TANF program if benefits from another state will end by the last day of the month in which the individual applied for TANF.

(3) In the SNAP program, each individual who has been included as a member of the filing group in Oregon or another state is subject to all of the restrictions in section (2) of this rule.

(4) An REF or TANF filing group may not receive REF or TANF benefits during the same month that an individual in that group was enrolled in or received assistance from the Office of Refugee Resettlement Matching Grant Program.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.704, 411.706, 411.816, 412.014, 412.049, 412.124, 413.085, 414.025, 414.685, 414.826 & 414.839
Statutes/Other Implemented: ORS 409.050, 411.060, 411.070, 411.404, 411.704, 411.706, 411.816, 412.014, 412.049, 412.124, 413.085, 414.025, 414.685, 414.826, 414.839 & 412.072
SSP 36-2024, minor correction filed 04/25/2024, effective 04/25/2024
SSP 20-2023, amend filed 06/22/2023, effective 07/01/2023
SSP 34-2017, amend filed 12/18/2017, effective 01/01/2018
SSP 25-2017(Temp), f. 9-15-17, cert. ef. 10-1-17 thru 1-31-18
SSP 14-2017, f. 6-5-17, cert. ef. 7-1-17
SSP 10-2017, f. 3-24-17, cert. ef. 4-1-17
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 15-2016, f. & cert. ef. 4-1-16
SSP 38-2015, f. 12-25-15, cert. ef. 1-1-16
SSP 12-2015, f. 3-16-15, cert. ef. 4-1-15
SSP 29-2014(Temp), f. & cert. ef. 11-3-14 thru 5-1-15
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 18-2010, f. & cert. ef. 7-1-10
SSP 39-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10
SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08
SSP 10-2007, f. & cert. ef. 10-1-07
SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06
SSP 17-2004, f. & cert. ef. 7-1-04
SSP 33-2003, f. 12-31-03, cert. ef. 1-4-04
SSP 7-2003, f. & cert. ef. 4-1-03
SSP 1-2003, f. 1-31-03, cert. ef. 2-1-03
AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00
AFS 14-1999, f. & cert. ef. 11-1-99
AFS 9-1999, f. & cert. ef. 7-1-99
AFS 9-1997, f. & cert. ef. 7-1-97
AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-165-0035 Alternate Payees

(1) An “alternate payee” is an individual or organization permitted by this rule to obtain and use benefits for and in the best interests of the benefit group (see OAR 461-110-0750).

(2) In the TA-DVS program, an alternate payee (see section (1) of this rule) may not be established.

(3) The following individuals may appoint an alternate payee in writing on a form designated by the Department. The form must include the signatures of both the individual designating the alternate payee and the alternate payee :

(a) In all programs, the head of household (see OAR 461-001-0015) of any age, primary person (see OAR 461-001-0000 and OAR 461-001-0015) of any age, primary contact (see OAR 410-200-0015) of any age, authorized representative (see OAR 461-115-0090), and any other member age 18 or older of the group applying.

(b) An individual given legal guardianship or power of attorney for an individual age 18 and older.

(4) If an alternate payee is needed and all responsible members of the group applying are temporarily unable to act as a payee, the Department may appoint an emergency alternate payee .

(5) When an alternate payee is authorized, the Department may issue a Department Electronic Benefit Transfer (EBT) card or other program benefits to the alternate payee .

(6) The following may not serve as an alternate payee :

(a) An individual serving an Intentional Program Violation (see OAR 461-195-0601), unless the Department determines no one else is available to serve as the alternate payee .

(b) Homeless meal providers (see 7 CFR 271.2) for homeless SNAP recipients.

(d) A person who may have a conflict of interest.

(A) Department employees or an employee of a contractor involved in the certification or issuance processes for Department program benefits, unless a designated Department official determined no one else is available to serve as an alternate payee and has given approval.

(B) Retailers who are authorized to accept Department EBT cards, unless a designated Department official determined no one else is available to serve as an alternate payee and has given approval.

(7) The power to act as an alternate payee for an individual ends when:

(a) The represented individual notifies the Department that the designation is terminated;

(b) The alternate payee notifies the Department that the designation is terminated;

(d) There is a change in the legal authority upon which the individual or organization’s authority was based.

(8) An alternate payee who misuses Department benefits is subject to penalty as follows:

(a) In a group living (see OAR 461-001-0015) arrangement or a drug or alcohol residential treatment facility identified in OAR 461-135-0510, the facility may be prosecuted under applicable federal or state law.

(b) For any other alternate payee not covered by subsection (a) of this section, the Department may prohibit the person from serving as a payee for one year.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.816, 412.049, 329A.500, 411.404, 412.014, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 411.816, 412.049, 329A.500, 411.404 & 412.014
SSP 27-2019, minor correction filed 12/27/2019, effective 12/27/2019
SSP 15-2019, amend filed 06/11/2019, effective 07/01/2019
SSP 5-2019, temporary amend filed 02/27/2019, effective 03/01/2019 through 06/30/2019
SSP 25-2012, f. 6-29-12, cert. ef. 7-1-12
SSP 6-2012(Temp), f. & cert. ef. 2-27-12 thru 8-25-12
AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97

Or. Admin. R. 461-165-0045 Emergency Payee; TANF

(1) An emergency payee for ongoing TANF may be used when the dependent children are abandoned by the caretaker relative for reasons such as the caretaker relative's death or whereabouts unknown.

(2) An emergency payee may be used for up to two payment months.

(3) An emergency payee does not have to be related to the dependent child.

(4) An emergency payee may not be used for initial payments.

(5) The emergency payee may be included in the benefit group if all the following are true:

(a) They meet all eligibility requirements except relationship and cooperation with JOBS.

(b) Their income and resources are counted.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.081, 411.085, 412.006, 412.014 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.070, 411.081, 411.085, 412.006, 412.014 & 412.049
SSP 40-2016, f. & cert. ef. 11-1-16
AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-165-0050 Dual Payee; When to Use

(1) For OSIP, REF, and TANF, use a dual-payee check for protective payments if the benefit group has shown they are not able to properly manage benefits meant to meet their needs. Issue the dual-payee check in both the name of the client and the name of the service provider.

(2) Issue EA checks for shelter, moving costs, property taxes, and home repairs as dual-payee revolving fund checks. The supervisor or branch manager must authorize an exception to this policy in advance.

(3) To make sure a JOBS or OFSET payment is used to meet a specific need, the branch office may write a dual-payee revolving fund check in the name of both the client and the vendor.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.706, 411.816, 412.006, 412.014 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.070, 411.706, 411.816, 412.006, 412.014 & 412.049
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-165-0060 Minimum Benefit Amount; REF, SNAP, TANF

(1) In the Supplemental Nutrition Assistance Program (SNAP):

(a) A benefit group (see OAR 461-110-0750) is not eligible for benefits in the initial month (see OAR 461-001-0000) if the allotment is less than $10.

(b) Except as provided otherwise in section (1) of this rule and in OAR 461-160-0070, minimum benefits are determined as follows:

(A) An eligible benefit group of one or two persons receives a minimum monthly allotment of $24 for an ongoing month (see OAR 461-001-0000) and a proration of $24 when OAR 461-160-0070 applies. The minimum monthly allotment is a calculation of eight percent of the Thrifty Food Plan (TFP) (see OAR 461-155-0190), rounded to the nearest whole dollar, for one person as determined annually by Food and Nutrition Service (FNS).

(B) An eligible benefit group of three or more persons receives the monthly calculated benefit, except that a group whose calculated benefit is $1, $3, or $5 receives instead an allotment of $2, $4, or $6 respectively. A benefit group in a categorically eligible filing group may be eligible for zero benefits ($0) for the certification period (see OAR 461-001-0000).

(2) In the Refugee Assistance (REF) and Temporary Assistance for Needy Families (TANF) programs, except as provided in section (3) of this rule, benefits are not issued if the monthly benefit is less than $10. Individuals who do not receive a cash payment because the monthly benefit is less than $10 may be eligible for medical benefits.

(3) The $10 requirement in section (2) of this rule does not apply to any of the following:

(a) Special payments, such as one-time special needs, emergency assistance, supplements, or a benefit reduced from $10 or more to under $10 due to the recovery of an overpayment.

(b) Dual payee payments made in money management cases if the monthly benefit amount is $10 or more.

History

Statutory/Other Authority: ORS 411.060, 411.816 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.816 & 412.049
SSP 20-2025, amend filed 09/29/2025, effective 10/01/2025
SSP 54-2024, amend filed 09/27/2024, effective 10/01/2024
SSP 48-2022, amend filed 09/27/2022, effective 10/01/2022
SSP 49-2021, amend filed 09/23/2021, effective 10/01/2021
SSP 20-2019, amend filed 09/19/2019, effective 10/01/2019
SSP 37-2012, f. 12-28-12, cert. ef. 1-1-13
SSP 32-2010, f. & cert. ef. 10-1-10
SSP 13-2009, f. & cert. ef. 7-1-09
SSP 6-2009(Temp), f. & cert. ef. 4-1-09 thru 9-28-09
SSP 5-2009, f. & cert. ef. 4-1-09
SSP 24-2008(Temp), f. & cert. ef. 11-6-08 thru 5-5-09
SSP 23-2008, f. & cert. ef. 10-1-08
SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07
SSP 22-2004, f. & cert. ef. 10-1-04
SSP 19-2004(Temp), f. 7-30-04, cert. ef. 8-1-04 thru 9-30-04
AFS 13-2002, f. & cert. ef. 10-1-02
AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97
AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94
AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-165-0070 Immediate Issuance of Benefits

Clients whose cases are new, reopened or restored are eligible for immediate issuance of benefits if the standard procedure for issuing benefits would not meet an emergent need of the client, as provided in this rule.

(1) A client with an emergent need is entitled to immediate cash benefits.

(2) A client eligible for expedited SNAP service (see OAR 461-135-0575) is entitled to receive the benefits within seven calendar days after filing an application.

History

Statutory/Other Authority: ORS 411.060, 411.816 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.816 & 412.049
SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14
AFS 5-2002, f. & cert. ef. 4-1-02
AFS 34-2000, f. 12-22-00, cert. ef. 1-1-01
AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97
AFS 22-1995, f. 9-20-95, cert. ef. 10-1-95
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-165-0080 Method for Delivery of Benefits

(1) Benefits are delivered several ways, depending on the program and client situation. Send all mailed benefits to the client's residential address. A rural route box number is acceptable as a residential address.

(2) Make either of the following exceptions on a case-by-case basis if directions to the home are included in the case record:

(a) A post office box number can be used if any of the following is true:

(A) There is no mail service to the client's home.

(B) The client lives in a nonstandard living arrangement.

(b) Use General Delivery only if it is the client's sole means of mail receipt.

(3) Give immediate-issue benefits to the client in the branch office or check-cashing facility if benefits cannot otherwise be issued within the program requirement for immediate need.

(4) For OSIPM-ICP, benefits are issued only by direct deposit into a bank account designated by client.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 418.047
SSP 14-2021, minor correction filed 02/18/2021, effective 02/18/2021
AFS 11-2001, f. 6-29-01, cert. ef. 7-1-01
AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-165-0082 SNAP Cash-Out

SNAP households in Clackamas, Columbia, Multnomah, and Washington counties receive SNAP benefits in cash if all persons in the filing group are 65 years of age or older or are eligible to receive SSI benefits under Title XVI of the Social Security Act.

History

Statutory/Other Authority: ORS 411.816
Statutes/Other Implemented: ORS 411.816
SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05

Or. Admin. R. 461-165-0096 Access Fee for EBT-Issued Benefits

Clients accessing their EBT cash account are charged 85¢, plus any applicable bank charges, for each cash-withdrawal transaction at an automated teller machine (ATM). The first two point-of-sale (POS) cash-withdrawals (without purchase) each month are free. For the third and all subsequent POS cash-back transactions, the client’s EBT account is charged 85¢.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 418.047
AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97

Or. Admin. R. 461-165-0100 Issuance Date of Benefit

(1) For all programs except the Emergency Assistance (EA) program and the Supplemental Nutrition Assistance Program (SNAP):

(a) An authorized cash payment check is dated on the first day of the payment period or as soon as practicable thereafter.

(b) Checks are mailed so they can be delivered to the individual on the first day of each month except in the following cases:

(A) Initial month benefits for cases that are new, reopened, or restored.

(B) If the first day of the month falls on Sunday or a holiday, the check is mailed in time for the individual to receive it on Saturday or the mail day preceding the holiday.

(c) Benefits issued by electronic benefit transfer (EBT) will be available on the first day of each month, except for the following:

(A) Initial month benefits for cases that are new, reopened, or restored.

(B) Benefits held by the branch office.

(2) Individuals receiving EA must receive their checks, either direct or vendor, in time to meet their emergent needs.

(3) SNAP benefits are available as follows:

(a) SNAP benefits issued by EBT are available in the EBT account on the day of the month corresponding to the last digit of the Head of Household's (see OAR 461-001-0015) Social Security number (SSN) or the first of the month if the individual does not have a SSN, except for the following:

(A) The benefits for the initial month of eligibility for a new or re-opened case.

(B) The benefits for the seventh month of the certification period for a case in the semi-annual reporting system.

(b) SNAP benefits issued through the SNAP cash-out are available as follows:

(A) Benefits accessed through an EBT account are available on the first day of the month.

(B) Checks are mailed on the first day of the month.

(4) For SNAP changes that could not be made in time to adjust the monthly allotment, a supplement is issued within 10 days of the date the change was reported.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.404, 411.704, 411.706, 411.816, 412.014 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.070, 411.404, 411.704, 411.706, 411.816, 412.014 & 412.049
SSP 29-2024, amend filed 03/26/2024, effective 04/01/2024
SSP 26-2013, f. & cert. ef. 10-1-13
SSP 17-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13
SSP 32-2010, f. & cert. ef. 10-1-10
SSP 18-2010, f. & cert. ef. 7-1-10
SSP 5-2010, f. & cert. ef. 4-1-10
SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05
SSP 22-2004, f. & cert. ef. 10-1-04
AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97
AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 6-1994, f. & cert. ef. 4-1-94
AFS 16-1993, f. & cert. ef. 9-1-93
AFS 25-1991, f. 12-30-91, cert. ef. 1-1-92
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-165-0105 Exception to Staggered Issuance; SNAP

The second month’s allotment of SNAP benefits is not subject to staggered issuance if the filing group applies after the 15th of the month and the application is not for a redetermination of eligibility. Once eligibility for SNAP benefits is established for these groups, benefits are issued as follows:

(1) If the case is opened on SNAPMIS by the last day of the initial month of eligibility, the computer will prorate benefits for the initial month and will automatically issue benefits for the second month on the first of that month; or

(2) If the case is opened after the initial month of eligibility, the computer will prorate benefits for the initial month and will automatically issue benefits for the second month on the same day.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 418.047
AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97
AFS 41-1995, f. 12-26-95, cert. ef. 1-1-96
AFS 16-1993, f. & cert. ef. 9-1-93
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-165-0110 Alternatives to Direct Money Payment

In the GA, OSIP, REF and TANF programs, the Department may use protective payments to ensure that the benefits are used to meet the client’s basic needs. A protective payment is the payment by check of some or all of a client’s grant to an authorized representative or creditor of the client. In the REF and TANF programs, protective payments may be made whenever a client demonstrates such an inability to manage funds that the Department determines the benefits are not being used in the client’s best interest. Protective payments are appropriate particularly if mismanagement of funds caused by repeated interruptions of the client’s grant poses a threat to the health or safety of children in the household.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.706, 411.816 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.070, 411.706, 411.816 & 412.049
AFS 34-2000, f. 12-22-00, cert. ef. 1-1-01
AFS 26-1996, f. 6-27-96, cert. ef. 7-1-96
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-165-0120 Benefits for an Individual in an Acute Care Hospital

(1) In the REF, REFM, and TANF programs, regular monthly benefits continue when an individual enters an acute care hospital. The monthly benefits remain unchanged until the individual returns home or enters some other living arrangement. An authorized representative designated by the individual or as otherwise allowed under OAR 461-115-0090 may be used if necessary.

(2) In the GA, OSIP, OSIPM, and QMB programs, an individual may receive benefits in an acute care hospital as long as they meet program eligibility requirements.

(3) In the SNAP program, regular monthly benefits continue if the individual will be in their own home 50 percent of the time or more. If the individual will be in an acute care hospital for more than 50 percent of a calendar month, the individual is not eligible for SNAP benefits.

History

Statutory/Other Authority: 411.060, 411.404, 411.816, 412.049, ORS 409.050, 413.085 & 414.685
Statutes/Other Implemented: 411.060, 411.404, 411.816, 412.049 & ORS 409.010
SSP 20-2023, amend filed 06/22/2023, effective 07/01/2023
SSP 33-2017, amend filed 12/08/2017, effective 01/01/2018
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
SSP 17-2004, f. & cert. ef. 7-1-04
AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-165-0130 Payment of Benefit Out-of-State

(1) For all programs except the SNAP and GA programs, the Department sends benefits out of state if a client is absent from Oregon and the client establishes the intent to return within 60 days.

(2) If a client is detained out of state beyond 60 days for medical reasons, continued eligibility is determined and the client is required to provide documentation of the need to remain in the other state.

(3) For medical benefits, out-of-state medical expenditures must have prior authorization.

(4) In the SNAP and GA programs, the Department does not send benefits out of state.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 418.047
SSP 13-2009, f. & cert. ef. 7-1-09
AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 16-1993, f. & cert. ef. 9-1-93
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-165-0140 Endorsement and Survivorship of Benefits

(1) The client or the client's payee must endorse checks issued in payment of a benefit. The endorsement on the check must be the same as the name appearing as payee.

(2) The client may endorse a check with a mark or thumbprint if duly witnessed by two people giving their full names and addresses.

(3) Benefits issued by EBT (electronic benefit transfer) may be used only with the Oregon Trail debit card and the client's matching personal identification number (PIN).

(4) The person with power of attorney may:

(a) Act as authorized representative or alternate payee.

(b) Endorse and cash the benefit check as in the following example: John Doe (Recipient) by Richard Jones (Power of Attorney)

(5) In all programs except the SNAP program, any cash benefit issued to clients before their death is available to their survivors.

(a) Checks may be endorsed in the name of the deceased beneficiary by the surviving spouse or next of kin, or by the administrator of their estate. The Department uses the following procedure:

(A) Before the next of kin endorses a check, the check must be presented to the branch office.

(B) The Department will rubber-stamp the endorsement on the check only if it has been determined that the client died on or after the first day of the period for which the payment was provided.

(C) The endorsement must show both the name of the deceased beneficiary and the name of the surviving spouse or next of kin, as well as the relationship of the endorser to the beneficiary.

(D) The person who endorses the check receives the proceeds of the benefit.

(b) For cash benefits in an EBT account (except for SNAP cash-out benefits), the Department will designate an adult survivor as the alternate payee. The Department will issue the payee an EBT card and PIN to access the balance in the EBT account.

(6) In the SNAP program, there is no survivor's right to benefits unless the survivor is independently entitled to benefits as a member of the benefit group. When the survivor is not in the benefit group:

(a) The Department will request the return of unnegotiated cash-out checks to the branch.

(b) For SNAP benefits that were issued by EBT, if no one remains in the benefit group, the Department will cancel the remaining benefits from the EBT account.

History

Statutory/Other Authority: ORS 411.060, 411.816 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.610, 411.816, 412.049 & 412.151
SSP 13-2009, f. & cert. ef. 7-1-09
SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06
AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-165-0200 Restoring Benefits

(1) An individual is entitled to a supplemental payment of benefits for the current month or restoration of benefits lost in a previous month if the individual received a lower benefit than he or she was entitled to for the reasons given in this rule. An individual may receive a restoration of lost benefits even if no longer eligible.

(2) An individual may receive a supplemental payment if there was a change in the individual’s circumstances that would cause an increase in benefits, if the report of change was made before the first day of the payment month but too late for the Department to adjust the next payment.

(3) An individual may receive a supplemental or restorative benefit if the Department caused an administrative underpayment. An administrative underpayment includes, but is not limited to, an underpayment caused by any of the following:

(a) Failure to take action on information reported to the Department.

(b) Use of an incorrect effective date.

(d) Failure to send the individual a required decision notice (see OAR 461-001-0000) when benefits are closed or reduced.

(e) Making a calculation error.

(4) An individual is entitled to a restoration of lost benefits if:

(a) The restoration results from a final order in a contested case.

(b) The Department withheld too much of the individual’s grant in the collection of an overpayment.

(d) After receiving proper notification, the Department failed to cancel the EBT card of an individual leaving a SNAP program household and that individual continues to access the household's SNAP program benefits in subsequent months.

(5) Restored benefits are added to the benefits of a currently eligible individual. In the SNAP program, the Department will honor a reasonable request by an individual to restore benefits in monthly installments.

(6) An individual who moves from Oregon remains eligible for a restoration of benefits.

(7) Restoration of benefits is limited to the extent provided in OAR 461-180-0130.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.404, 411.816, 412.014, 412.049, 329A.500, 413.085 & 414.685
Statutes/Other Implemented: ORS 411.060, 411.070, 411.404, 411.816, 412.014, 412.049 & 329A.500
SSP 8-2019, amend filed 03/13/2019, effective 04/01/2019
SSP 5-2010, f. & cert. ef. 4-1-10
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
AFS 10-2002, f. & cert. ef. 7-1-02
AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97
AFS 6-1994, f. & cert. ef. 4-1-94
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-165-0210 Calculating Restored and Supplemental Benefits

(1) Supplemental and restorative benefits are calculated and paid as follows:

(a) The effective date of the lost benefits is determined.

(b) The benefit group (see OAR 461-110-0750) is not eligible for restored benefits in any month that eligibility for the benefits cannot be established. The benefit group has an opportunity to prove eligibility for any months in question.

(d) The amount the benefit group actually received is subtracted from the amount they should have received.

(e) The amount of restored benefits is offset against overdue or suspended overpayments.

(f) The group with the largest number of people who were in the benefit group at the time the loss occurred is entitled to the restorative payment. If the location of that group is unknown, the benefit is paid to the benefit group containing the primary person at the time the loss occurred.

(2) In the Supplemental Nutrition Assistance Program (SNAP), when an application for recertification is delayed beyond the first of the month of what would have been the new certification period due to the fault of the Department, causing prorated benefits, benefits lost due to the proration described in OAR 461-115-0450(10)(a) are issued from the date the certification period should have begun had the Department not erred and the individual been able to apply timely.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.404, 411.816, 412.014 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.070, 411.404, 411.816, 412.014, 412.049 & 7 CFR 273.14(e)(3)
SSP 44-2024, amend filed 06/27/2024, effective 07/01/2024
SSP 5-2010, f. & cert. ef. 4-1-10
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
AFS 10-2002, f. & cert. ef. 7-1-02
AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-165-0220 Replacing Lost, Stolen, Destroyed or Undelivered Checks

(1) Replacement checks are issued in compliance with ORS 293.475 and this rule.

(2) A replacement check is issued if the original check remains outstanding and the payee claims any of the following:

(a) The original check was not received. Five postal service working days must pass from the date the original check was issued before a replacement is issued.

(b) The original check was received but lost, stolen or destroyed without being endorsed. A replacement check is issued without a waiting period.

(c) The original check was endorsed but not cashed before it was lost, stolen or destroyed. A replacement check is issued if:

(A) The check was destroyed and remnants of the check are provided to the Department; or

(B) The check was endorsed "for deposit only" before it was lost, stolen or destroyed.

(3) A dual-payee check is replaced only if:

(a) The client completes an affidavit affirming that the unendorsed check has been lost, destroyed or stolen; or

(b) The client has endorsed the check and the second party completes an affidavit concerning the lost check. The second party must agree to reimburse the state and not to hold the client responsible if the original check is negotiated. The replacement check is made payable to the second party only.

(4) A check may be issued to replace a check that has been processed by the State Treasurer for payment only after the client has provided the Department with the information and documents needed to conduct an investigation into the loss.

(5) A replacement check is not issued in either of the following situations:

(a) The client cashes a dual-payee check without the second party's signature.

(b) A check has been deposited directly to an account specified by the client.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060
AFS 10-2002, f. & cert. ef. 7-1-02
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 11-1991, f. 4-30-91, cert. ef. 5-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-165-0230 Replacing REF, SNAP, and TANF Program Benefits and EBT Cards

(1) The Department does not replace Refugee Assistance (REF), Supplemental Nutrition Assistance Program (SNAP), or Temporary Assistance for Needy Families (TANF) program benefits after they are delivered to the electronic benefit transfer (EBT) account unless one of the provisions in this rule apply.

(2) The Department shall replace REF, SNAP, or TANF benefits when the Department failed to cancel the EBT card of an individual leaving a REF, SNAP, or TANF program household and that individual continues to access the REF, SNAP, or TANF program benefits in subsequent months.

(3) For the purposes of this rule, electronic benefit theft includes the following defined terms:

(a) “Card skimming” is defined as EBT card information stolen utilizing a store’s card-swiping machine.

(b) “Card cloning” is defined as the use of information obtained by “card skimming” to create a fake EBT card for fraudulent use.

(c) “Another similar fraudulent method” is defined as EBT card information compromised through electronic means. This may include but is not limited to scams such as text, email and telephone. It does not include the theft or unauthorized use of an individual’s physical EBT card.

(4) In the SNAP program,

(a) Household Misfortune or Disaster . The Department will replace the value of food purchased with SNAP program benefits when paragraphs (A) through (D) of this subsection are true. The replacement is limited and issued under paragraph (E) of this subsection.

(A) The food was destroyed by a household misfortune or disaster.

(B) The household misfortune or disaster is verified.

(i) Within ten days of occurrence, or

(ii) By the deadline permitted through Food and Nutrition Service waiver.

(D) The filing group submits both of the following within ten days of reporting the loss:

(i) The estimated cost of the food.

(ii) A signed statement or affidavit attesting to the loss.

(E) The replacement of destroyed food is governed as follows:

(i) The amount may not exceed one month’s allotment of the benefit group (see OAR 461-110-0750), unless the issuance includes restored benefits which will be replaced up to the full value of the restored benefits.

(ii) The Department will issue a timely replacement of the value of the loss by the later of these two timeframes:

(I) Within ten days after the filing group reported the loss; or

(II) Within two working days of receiving the signed statement or affidavit, the estimated cost of food destroyed, and verification of the household misfortune or disaster.

(b) EBT Card-Caused Loss . The Department shall replace the amount of SNAP program benefits stolen or compromised (see paragraph (A) of this subsection) by means other than electronic benefit theft (see subsection (3)(c) of this section) when paragraph (B) of this subsection occurs. The replacement is limited and issued under paragraph (C) of this subsection.

(A) For the purposes of this subsection, compromised means the EBT card or the EBT card number has been used by an unauthorized individual to withdraw or spend the SNAP benefits of the filing group .

(B) The loss of SNAP benefits must be caused by one of the following reasons:

(i) The Department issued the EBT card to an unauthorized individual who was not in the filing group .

(ii) The Department failed to cancel the EBT card after the filing group reported to the Department it had been lost, stolen, or compromised.

(i) When the loss is caused under subparagraph (B) (i) of this subsection, the Department will replace all SNAP benefits compromised.

(ii) When the loss is caused under subparagraph (B) (ii) of this subsection, the Department will only replace the additional SNAP benefits compromised after the filing group reported to the Department the EBT card had been lost, stolen, or compromised.

(iii) The Department will issue a timely replacement of the value of the loss within ten days after the filing group reported the loss.

(c) Electronic Benefit Theft . Effective May 22, 2023, through September 30, 2025, the Department shall replace the value of SNAP program benefits lost due to electronic benefit theft when paragraph (A) occurs. The replacement is limited and issued under paragraph (B) of this subsection.

(A) All of the following must occur:

(i) The filing group reports to the Department that SNAP benefits have been lost due to electronic benefit theft due to card skimming , card cloning , or another similar fraudulent method.

(ii) The electronic benefit theft occurred from October 1, 2022, through December 20, 2024.

(iii) The theft is reported to the Department within thirty days of the date the electronic benefit theft is discovered.

(iv) The filing group submits a signed statement or affidavit attesting to the electronic benefit theft within ten days of reporting the theft to the Department. The signed statement or affidavit must include all of the following:

(I) The date they discovered the electronic benefit theft.

(II) The total amount of benefits lost due to the electronic benefit theft.

(III) Which EBT card transactions were electronic benefit theft.

(IV) If their physical EBT card was in their possession on the date of each electronic benefit theft transaction.

(v) The Department has validated the filing group’s electronic benefit claim through the EBT card transaction history.

(B) The replacement of SNAP benefits lost due to electronic benefit theft is limited and governed as follows:

(i) Replacement issuances are limited to the lesser of the following:

(I) The amount of SNAP benefits reported and qualifying as stolen under paragraph (B) of this subsection.

(II) Two times the monthly allotment of the benefit group immediately prior to the date of the first electronic benefit theft transaction.

(ii) A filing group shall only receive replacements for two instances of electronic benefit theft in each federal fiscal year (FFY), even if an occurrence of electronic theft crosses two FFYs. Each FFY begins October 1 and ends September 30. When electronic benefit theft occurs over the course of several transactions and several days, this is considered one incident.

(iii) The Department will issue a timely replacement of SNAP benefits by the later of these two timeframes:

(I) Within ten days after the filing group reported the electronic benefit theft, or

(II) Within two working days of receiving the signed statement or affidavit that includes all required information.

(iv) As permitted through the Consolidated Appropriations Act (Omnibus) of 2023 and allowed by the Food and Nutrition Service.

(5) In the REF and TANF programs, when a household is a victim of card skimming, card cloning, or another similar fraudulent method that causes a loss in benefits, or when the Department issues an EBT card in error to an individual that is not associated with the case that causes a loss in benefits --

(a) A benefit replacement request must meet all of the following for lost benefits to be replaced:

(A) The household must report to the Department they are the victim of card skimming , card cloing, or another similar fruadulent method , or that the Department issued an EBT card in error, within 30 days of occurrence.

(B) The household must submit a signed statement or affidavit attesting to the loss of benefits within ten days of reporting the loss.

(b) When the provisions in subsection (a) of this section are met,

(A) The Department will replace up to the amount of benefits lost.

(B) The Department will issue a timely replacement of the value of the loss by the later of these two timeframes:

(i) Within ten days after the group reported the loss; or

(ii) Within two working days of receiving the signed statement or affidavit.

(6) The Department will replace an EBT card reported lost, stolen, or not received only after the current card has been deactivated. An EBT card that is damaged or not functioning properly is replaced only after the card's status is changed to "card damaged" and the card is destroyed.

History

Statutory/Other Authority: ORS 409.050, ORS 409.010, 411.060, 411.816 & Public Law 117-328
Statutes/Other Implemented: ORS 409.010, 411.060, 411.816, 7 CFR 280.1, Public Law 117-328, Public Law 118-83 & Public Law 118-158
SSP 20-2025, amend filed 09/29/2025, effective 10/01/2025
SSP 3-2025, amend filed 03/25/2025, effective 04/01/2025
SSP 29-2024, amend filed 03/26/2024, effective 04/01/2024
SSP 47-2023, amend filed 09/25/2023, effective 10/01/2023
SSP 25-2023, temporary amend filed 07/13/2023, effective 07/15/2023 through 11/17/2023
SSP 59-2022, amend filed 12/27/2022, effective 01/01/2023
SSP 33-2021, amend filed 06/22/2021, effective 07/01/2021
SSP 24-2021, temporary amend filed 02/26/2021, effective 02/26/2021 through 08/24/2021
SSP 35-2018, amend filed 12/04/2018, effective 01/01/2019
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
AFS 10-2002, f. & cert. ef. 7-1-02
AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97
AFS 6-1994, f. & cert. ef. 4-1-94
AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Division 170 REPORTING CHANGES

Or. Admin. R. 461-170-0010 Reporting Changes — Overview

An individual is required to report a change in circumstances in accordance with the reporting system in which the individual participates, OAR 461-170-0011; and

(1) For each program in which an individual participates, the Department determines the appropriate reporting system. The Department's reporting systems are Change Reporting System (CRS), Simplified Reporting System (SRS), and Transitional Benefit Alternative (TBA). In addition to any required report form, when an individual is required by this division of rules to report a change in circumstances, the report may be made by telephone, office visit, report form, or other written notice. The report must be made as follows:

(a) An individual using CRS must report a change according to OAR 461-170-0011.

(b) An individual using SRS must report a change according to OAR 461-170-0011 and 461-170-0102. The Periodic Report form is processed according to OAR 461-170-0011 and 461-170-0101 to 461-170-0104.

(2) A change is considered reported effective the date an individual, authorized representative, or ineligible student reports the information to a branch office (see OAR 461-001-0000).

(3) In the SNAP program, when multiple changes are reported at the same time, they must be acted on at the time of reporting and have the same effective date.

(4) A change reported by an individual, authorized representative, or ineligible student for one program is considered reported for all programs in which that individual participates.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.404, 411.816, 412.014 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.070, 411.404, 411.816, 412.014 & 412.049
SSP 20-2023, amend filed 06/22/2023, effective 07/01/2023
SSP 47-2022, amend filed 09/20/2022, effective 09/27/2022
SSP 33-2022, temporary amend filed 03/31/2022, effective 04/01/2022 through 09/27/2022
SSP 15-2014, f. & cert. ef. 7-1-14
SSP 10-2011, f. 3-31-11, cert. ef. 4-1-11
SSP 37-2010(Temp), f. & cert. ef. 11-1-10 thru 4-30-11
SSP 32-2010, f. & cert. ef. 10-1-10
SSP 5-2010, f. & cert. ef. 4-1-10
SSP 39-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10
SSP 28-2009, f. & cert. ef. 10-1-09
SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09
SSP 16-2005, f. & cert. ef. 12-1-05
SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05
SSP 33-2003, f. 12-31-03, cert. ef. 1-4-04
CWP 37-2003(Temp), f. 10-31-03, cert. ef. 11-1-03 thru 4-28-04
SSP 23-2003, f. & cert. ef. 10-1-03
SSP 20-2003, f. & cert. ef. 8-15-03
AFS 8-1998, f. 4-28-98, cert. ef. 5-1-98
AFS 5-1998(Temp), f. & cert. ef. 3-11-98 thru 5-31-98
AFS 4-1998, f. 2-25-98, cert. ef. 3-1-98
AFS 19-194, f. & cert. ef. 9-1-94
AFS 13-1994, f. & cert. ef. 7-1-94
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 12-1992(Temp), f. & cert. ef. 5-1-92
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-170-0011 Changes That Must Be Reported

(1) A change in employment status is considered to occur as follows:

(a) For a new job, the change occurs the first day of the new job.

(b) For a job separation, the change occurs on the last day of employment.

(2) A change in source of income is considered to occur as follows:

(a) For earned income, the change occurs upon the receipt by the individual of the first paycheck from a new job or the first paycheck reflecting a new rate of pay.

(b) For unearned income, the change occurs the day the individual receives the new or changed payment.

(3) An individual must report, orally or in writing, the following changes:

(a) In the Supplemental Nutrition Assistance Program (SNAP):

(A) An individual participating in the Change Reporting System (CRS) must report any of the following changes within 10 days of occurrence:

(i) Effective October 1, 2021, a change in earned income of more than $125.

(ii) Effective October 1, 2021, a change in unearned income of more than $125.

(iii) An individual with an Able-Bodied Adults Without Dependents (ABAWD) status residing in one of the SNAP time limit areas (see OAR 461-135-0520) who is working, paid or unpaid, must report a change in work hours when work hours fall below 20 hours per week.

(iv) A change in source of income.

(v) A change in membership of the filing group (see OAR 461-110-0370) and any resulting change in income.

(vi) A change in residence and the shelter costs in the new residence.

(vii) A change in the legal obligation to pay child support.

(viii) When the sum of cash on hand, stocks, bonds, and money in a bank or savings institution account reaches or exceeds program resource limits.

(ix) Acquisition or change in ownership of a non-excluded vehicle.

(B) An individual participating in the Simplified Reporting System (SRS) must report by the tenth day of the month following the month of occurrence when:

(i) The monthly income of the filing group exceeds the SNAP countable (see OAR 461-001-0000) income limit.

(ii) A member of the financial group (see OAR 461-110-0530) has lottery or gambling winnings equal to or in excess of the amount listed as the resource limit in OAR 461-160-0015(6)(a).

(iii) An individual with an ABAWD status residing in one of the SNAP time limit areas who is working, paid or unpaid, has a change in work hours that fall below 20 hours per week.

(b) For Employment Payments (see OAR 461-135-1270) an individual must report changes that may affect eligibility (see OAR 461-001-000) within 10 days of occurrence, including:

(A) A loss of unsubsidized paid employment.

(B) All dependent children (see OAR 461-001-0000) are out of the household.

(c) For General Assistance (GA), Medicare Savings Programs (see OAR 461-001-0000), and Oregon Supplemental Income Program Medical (OSIPM), an individual must report all changes that may affect eligibility or benefit level within 10 days of occurrence, including any of the following changes:

(A) A change in employment status.

(B) A change in health care coverage.

(D) A change in marital status.

(E) A change in residence.

(F) A change in resources.

(G) A change in source or amount of income.

(H) Except for Medicare Savings Programs , out-of-pocket medical expenses.

(d) In the Refugee Assistance (REF) program, an individual participating in CRS must report any of the following changes within 10 days of occurrence:

(A) Acquisition or change in ownership of a non-excluded vehicle.

(B) A change in earned income more than $100.

(D) A change in marital status or other changes in membership of the filing group (see OAR 461-110-0430).

(E) A change in immigration or citizenship status for any member of the filing group .

(F) A change in mailing address or residence.

(G) A change in pregnancy status of any member of the filing group .

(H) A change in source of income.

(I) A change in unearned income more than $50.

(J) A change in who pays the shelter costs if the costs will be paid by a non-custodial parent .

(K) Sale or receipt of a resource that causes total resources to exceed program resource limits.

(e) In the Refugee Assistance Medical (REFM) program, an individual must report the following changes within 10 days of occurrence:

(A) A change in membership of the household group .

(B) A change in residence.

(D) A change in immigration status for any member of the filing group .

(f) In the State Family Pre-SSI/SSDI (SFPSS), and Temporary Assistance for Needy Families (TANF) programs, an individual participating in CRS must report any of the following changes within 10 days of occurrence:

(A) Acquisition or change in ownership of a non-excluded vehicle.

(B) A change in earned income more than $100.

(D) A change in membership of the household group .

(E) A change in marital status or other changes in membership of the filing group (see OAR 461-110-0330).

(F) A change in immigration or citizenship status for any member of the filing group .

(G) A change in employment authorization status for any member of the filing group that is Job Opportunity and Basic Skills (JOBS) eligible or a JOBS volunteer (see OAR 461-130-0310).

(H) A change in mailing address or residence.

(I) A change in pregnancy status of any member of the filing group .

(J) A change in source of income.

(K) A change in unearned income more than $50.

(L) A change in who pays the shelter costs if the costs will be paid by a non-custodial parent .

(M) Sale or receipt of a resource that causes total resources to exceed program resource limits.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.706, 411.816, 412.014, 412.049, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.010, 409.050, 411.060, 411.070, 411.081, 411.404, 411.704, 411.706, 411.816, 411.825, 411.837, 412.014, 412.049, 413.085, 414.685 & 414.826
SSP 30-2026, amend filed 07/06/2026, effective 07/06/2026
SSP 5-2026, temporary amend filed 01/27/2026, effective 01/27/2026 through 07/25/2026
SSP 20-2025, amend filed 09/29/2025, effective 10/01/2025
SSP 18-2025, temporary amend filed 09/09/2025, effective 09/11/2025 through 03/09/2026
SSP 53-2023, amend filed 12/21/2023, effective 01/01/2024
SSP 41-2023, minor correction filed 08/17/2023, effective 08/17/2023
SSP 21-2023, amend filed 06/22/2023, effective 07/01/2023
SSP 35-2022, amend filed 04/28/2022, effective 05/01/2022
SSP 75-2021, temporary amend filed 12/16/2021, effective 12/16/2021 through 06/13/2022
SSP 37-2021, minor correction filed 07/06/2021, effective 07/06/2021
SSP 23-2019, amend filed 10/21/2019, effective 10/22/2019
SSP 11-2018, amend filed 03/09/2018, effective 04/01/2018
SSP 34-2017, amend filed 12/18/2017, effective 01/01/2018
SSP 21-2017, f. 8-11-17, cert. ef. 9-1-17
SSP 6-2017(Temp), f. & cert. ef. 3-10-17 thru 9-5-17
SSP 35-2016, f. 9-30-16, cert. ef. 10-1-16
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 15-2016, f. & cert. ef. 4-1-16
SSP 37-2015, f. 12-23-15, cert. ef. 1-1-16
SSP 23-2015, f. 9-28-15, cert. ef. 10-1-15
SSP 24-2014, f. & cert. ef. 10-1-14
SSP 14-2014(Temp), f. & cert. ef. 6-26-14 thru 12-23-14
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 24-2013, f. & cert. ef. 10-1-13
SSP 30-2012, f. 9-28-12, cert. ef. 10-1-12
SSP 17-2012(Temp), f. & cert. ef. 5-1-12 thru 10-28-12
SSP 10-2012, f. 3-29-12, cert. ef. 3-30-12
SSP 26-2011(Temp), f. 9-30-11, cert. ef. 10-1-11 thru 3-29-12
SSP 41-2010, f. 12-30-10, cert. ef. 1-1-11
SSP 32-2010, f. & cert. ef. 10-1-10
SSP 18-2010, f. & cert. ef. 7-1-10
SSP 7-2010(Temp), f. & cert. ef. 4-1-10 thru 6-30-10
SSP 5-2010, f. & cert. ef. 4-1-10
SSP 39-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10
SSP 5-2009, f. & cert. ef. 4-1-09
SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09, Renumbered from 461-170-0015, 461-170-0020, 461-170-0025, 461-170-0030, 461-170-0035
SSP 23-2008, f. & cert. ef. 10-1-08
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08
SSP 10-2007, f. & cert. ef. 10-1-07
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 16-2005, f. & cert. ef. 12-1-05
SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05
SSP 23-2003, f. & cert. ef. 10-1-03
SPP 20-2003, f. & cert. ef. 8-15-03
SSP 13-2003, f. 6-12-03, cert. ef. 6-16-03
SSP 7-2003, f. & cert. ef. 4-1-03
SSP 1-2003, f. 1-31-03, cert. ef. 2-1-03
AFS 24-2002(Temp), f. 12-31-02, cert. ef. 1-1-03 thru 6-30-03
AFS 17-2000, f. 6-28-00, cert. ef. 7-1-00
AFS 11-1999, f. & cert. ef. 10-1-99
AFS 9-1999, f. & cert. ef. 7-1-99
AFS 25-1998, f. 12-18-98, cert. ef. 1-1-99
AFS 17-1998, f. & cert. ef. 10-1-98
AFS 19-1997, f. & cert. ef. 10-1-97
AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97
AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97
AFS 15-1996, f. 4-29-96, cert. ef. 5-1-96
AFS 23-1995, f. 9-20-95, cert. ef. 10-1-95
AFS 22-1995, f. 9-20-95, cert. ef. 10-1-95
AFS 19-1994, f. & cert. ef. 9-1-94
AFS 13-1994, f. & cert. ef. 7-1-94
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 17-1992, f. & cert. ef. 7-1-92
AFS 13-1992, f. & cert. ef. 5-1-92
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-170-0101 Simplified Reporting System (SRS); SNAP

In the SNAP program:

(1) OAR 461-170-0011 and OARs 461-170-0101 to 461-170-0104 establish and explain the Simplified Reporting System (SRS).

(2) Except for an ABAWD (see OAR 461-135-0520) who resides in one of the SNAP time limit areas (see OAR 461-135-0520) and who is certified for a four-month period, a filing group (see OAR 461-110-0310 and 461-110-0370) certified to receive SNAP program benefits for less than six months may not participate in SRS.

(3) A filing group with a member working under a JOBS Plus agreement may not participate in SRS.

(4) The following apply to OARs 461-170-0101 to 461-170-0104:

(a) “Complete.” A Periodic Report form is considered “complete” on the date all of the following occur:

(A) The individual completely and accurately answers all questions necessary to determine eligibility (see OAR 461-001-0000) and benefit amount.

(B) The individual provides all required verification.

(C) The Periodic Report form contains the signature of the primary person (see OAR 461-001-0015), responsible person in the filing group , ineligible student, or the authorized representative (see OAR 461-001-0000 and OAR 461-115-0090).

(b) “Due month” is the month the Periodic Report form is due.

(d) “Reinstate month” is the month after the continued due month .

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.816 & 412.049
Statutes/Other Implemented: ORS 409.010, 409.050, 411.060, 411.070, 411.816 & 412.049
SSP 47-2022, amend filed 09/20/2022, effective 09/27/2022
SSP 33-2022, temporary amend filed 03/31/2022, effective 04/01/2022 through 09/27/2022
SSP 25-2019, amend filed 12/24/2019, effective 01/01/2020
SSP 34-2017, amend filed 12/18/2017, effective 01/01/2018
SSP 21-2017, f. 8-11-17, cert. ef. 9-1-17
SSP 6-2017(Temp), f. & cert. ef. 3-10-17 thru 9-5-17
SSP 37-2015, f. 12-23-15, cert. ef. 1-1-16
SSP 23-2015, f. 9-28-15, cert. ef. 10-1-15
SSP 17-2015, f. & cert. ef. 6-30-15
SSP 1-2015(Temp), f. & cert. ef. 1-1-15 thru 6-29-15
SSP 5-2010, f. & cert. ef. 4-1-10
SSP 5-2009, f. & cert. ef. 4-1-09
SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09
SSP 23-2008, f. & cert. ef. 10-1-08
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 16-2005, f. & cert. ef. 12-1-05
SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05
SSP 20-2003, f. & cert. ef. 8-15-03

Or. Admin. R. 461-170-0102 Required Periodic Report for the Simplified Reporting System (SRS); SNAP

In the SNAP program, the Periodic Report form is required of filing groups in SRS. The certification period (see OAR 461-001-0000) is determined under OAR 461-115-0450.

(1) Filing Groups with a 12-month Certification Period.

(a) A filing group (see OAR 461-110-0370) participating in SRS and certified for 12 months must submit the Periodic Report form as indicated in this rule section to receive SNAP benefits after month six of their certification period .

(b) The Department must receive a complete (see OAR 461-170-0101) Periodic Report form by the last day of the continued due month (see OAR 461-170-0101) for a filing group who remains eligible to receive their SNAP benefits without proration.

(c) When an individual fails to submit a complete Periodic Report form, or fails to submit a complete Periodic Report form timely, the Department follows OAR 461-170-0104.

(2) Filing Groups with a 24-month Certification Period – No Earned Income.

(a) A filing group participating in SRS, with no earned income, and certified for 24 months under OAR 461-115-0450 must submit the Periodic Report form as indicated in this rule section to receive SNAP benefits after month 12 of their certification period .

(b) The Department must receive a complete Periodic Report form by the last day of the continued due month for a filing group who remains eligible to receive their SNAP benefits without proration.

(c) When an individual fails to submit a complete Periodic Report form, or fails to submit a complete Periodic Report form timely, the Department follows OAR 461-170-0104.

(3) Filing Groups with a 24-month Certification Period - Earned Income Change.

(a) A filing group participating in SRS and originally certified for 24 months under OAR 461-115-0450 must submit the Periodic Report form as indicated in this rule section if they begin receiving earned income. When the earned income begins --

(A) In months 1 through 4 of the certification period , a Periodic Report form must be completed to receive SNAP benefits after months 6, 12, and 18 of the certification period.

(B) In months 5 through 10 of the certification period , a Periodic Report form must be completed to receive SNAP benefits after months 12 and 18 of the certification period.

(C) In months 11 through 16 of the certification period , a Periodic Report form must be completed to receive SNAP benefits after month 18 of the certification period.

(c) When an individual fails to submit a complete Periodic Report form, or fails to submit a complete Periodic Report form timely, the Department follows OAR 461-170-0104.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070 & 411.816
Statutes/Other Implemented: ORS 409.010, 409.050, 411.060, 411.070, 411.081, 411.087 & 411.816
SSP 47-2022, amend filed 09/20/2022, effective 09/27/2022
SSP 33-2022, temporary amend filed 03/31/2022, effective 04/01/2022 through 09/27/2022
SSP 7-2019, amend filed 03/11/2019, effective 04/01/2019
SSP 23-2015, f. 9-28-15, cert. ef. 10-1-15
SSP 5-2009, f. & cert. ef. 4-1-09
SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 16-2005, f. & cert. ef. 12-1-05
SSP 20-2003, f. & cert. ef. 8-15-03

Or. Admin. R. 461-170-0103 Actions Resulting from Changes in Household Circumstances; Simplified Reporting System (SRS); SNAP, JPI

In the SNAP program and JPI, benefits may be changed for an individual using SRS — based on information obtained other than through the Periodic Report form — only as follows:

(1) The benefit level is increased if the information demonstrates the individual is eligible for greater benefits.

(2) The benefits are closed or reduced if any of the following subsections apply:

(a) The household requests a closure of benefits.

(b) The action is based on information that is verified upon receipt . Information is considered verified upon receipt if all of the following are true:

(A) The individual making the report is a member of the SNAP filing group (see OAR 461-110-0370), ineligible student, authorized representative (see OAR 461-115-0090), or an individual who is the source of the information being verified (for example, a landlord is the source of a rent amount and an employer is a source of wages).

(B) The information is not questionable.

(C) The information does not require verification or necessary verification is provided with the report (see OAR 461-115-0651).

(c) An individual in paragraph (2)(b)(A) of this rule reports non-financial information (see Division 120 of OAR Chapter 461) that results in loss of eligibility (see OAR 461-001-0000).

(d) An individual in paragraph (2)(b)(A) of this rule reports financial group (see OAR 461-110-0530) countable (see OAR 461-001-0000) income exceeding the SNAP Countable Income Limit set at 130 percent of the federal poverty level under OAR 461-155-0180.

(e) The Department is applying an Intentional Program Violation (see OAR 461-195-0601).

(3) The Department may act on information reported through computer matches when any of the following occur:

(a) The Periodic Report is processed.

(b) The individual is recertified.

(d) Information from the Oregon Lottery indicates a member has lottery or gambling winnings equal to or in excess of the resource limit listed in OAR 461-160-0015(7)(a).

(e) Information from the Social Security Administration indicates a financial group member’s income has changed.

(f) The monthly match with the Department of Corrections indicates a member is incarcerated.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070 & 411.816
Statutes/Other Implemented: ORS 409.010, 409.050, 411.060, 411.070, 411.081, 411.816, 411.825 & 411.837
SSP 47-2022, amend filed 09/20/2022, effective 09/27/2022
SSP 33-2022, temporary amend filed 03/31/2022, effective 04/01/2022 through 09/27/2022
SSP 2-2016, f. & cert. ef. 1-1-16
SSP 27-2015(Temp), f. 9-29-15, cert. ef. 10-1-15 thru 3-28-16
SSP 23-2015, f. 9-28-15, cert. ef. 10-1-15
SSP 5-2009, f. & cert. ef. 4-1-09
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06
SSP 16-2005, f. & cert. ef. 12-1-05
SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05
SSP 20-2003, f. & cert. ef. 8-15-03

Or. Admin. R. 461-170-0104 Failure to Submit Periodic Report Form Timely; Simplified Reporting System (SRS); SNAP

In the SNAP program:

(1) When the Department does not receive a complete (see OAR 461-170-0101) Periodic Report form by the last day of the continued due month (see OAR 461-170-0101) listed under OAR 461-170-0102, benefits are closed with an effective date of the last day of the continued due month , in accordance with OARs 461-175-0280 and 461-180-0006.

(2) When the Department receives a complete Periodic Report form by the last day of the reinstate month (see OAR 461-170-0101) and the filing group (see OAR 461-110-0370) is determined eligible for SNAP benefits,

(a) The SNAP certification period shall be reinstated.

(b) The SNAP benefits for the reinstate month shall be prorated from the date the complete Periodic Report form was received, calculated under OAR 461-160-0070.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070 & 411.816
Statutes/Other Implemented: ORS 409.010, 409.050, 411.060, 411.070, 411.081, 411.816, 411.825 & 411.837
SSP 47-2022, amend filed 09/20/2022, effective 09/27/2022
SSP 33-2022, temporary amend filed 03/31/2022, effective 04/01/2022 through 09/27/2022
SSP 23-2015, f. 9-28-15, cert. ef. 10-1-15
SSP 5-2009, f. & cert. ef. 4-1-09
SSP 16-2005, f. & cert. ef. 12-1-05
SSP 20-2003, f. & cert. ef. 8-15-03

Or. Admin. R. 461-170-0130 Acting on Reported Changes; OSIPM, QMB

(1) When an OSIPM or QMB client, who is required by this division of rules to report a change in circumstances, makes a timely report of a change that could reduce or end medical benefits, prior to reducing or ending medical benefits:

(a) The Department must review each individual in the filing group for eligibility for the other medical programs listed in this rule; and

(b) The Oregon Health Authority or the Department must review the individual for Medicaid eligibility under MAGI rules (OAR 410-200).

(2) If the Department needs additional information to act on the timely reported change, members of the benefit group (see OAR 461-110-0750) remain eligible from the date the change was reported until the Department determines their eligibility in accordance with the application processing time frames in OAR 461-115-0190.

History

Statutory/Other Authority: ORS 409.050, 411.060 & 411.404
Statutes/Other Implemented: ORS 409.010, 411.060 & 411.404
SSP 40-2016, f. & cert. ef. 11-1-16
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 14-2007, f. 12-31-07, cert. ef. 1-1-08
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
SSP 9-2006(Temp), f. & cert. ef. 6-1-06 thru 9-30-06
SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05

Or. Admin. R. 461-170-0200 State and Federal Government-Initiated Changes

An individual is not required to report any of the following changes:

(1) Periodic cost-of-living adjustments to the federal Black Lung Program, Social Security Benefits (SSB), Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI), and veterans assistance under Title 38 of the United States Code.

(2) Periodic cost-of-living adjustments to GA, OSIP, REF, SFPSS, and TANF standards.

(3) Other changes in eligibility criteria based on legislative or regulatory actions.

History

Statutory/Other Authority: ORS 411.060, 411.404, 411.816, 412.009, 412.014 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.404, 411.816, 412.009, 412.014, 412.049 & 412.089
SSP 20-2023, amend filed 06/22/2023, effective 07/01/2023
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09
AFS 8-1998, f. 4-28-98, cert. ef. 5-1-98
AFS 5-1998(Temp), f. & cert. ef. 3-11-98 thru 5-31-98
AFS 4-1998, f. 2-25-98, cert. ef. 3-1-98
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Division 175 DECISION NOTICES

Or. Admin. R. 461-175-0010 What a Decision Notice Must Include

(1) A decision notice (see OAR 461-001-0000):

(a) Specifies the date the notice is mailed, which is the effective date for a basic decision notice (see OAR 461-001-0000).

(b) Except as provided in section (2) of this rule, specifies the action the Department intends to take and the effective date of the action.

(d) In the SNAP program, except as provided in paragraph (2)(c)(B) of this rule, provides the name and phone number of the Department staff person or identifies the office to contact for additional information.

(e) Informs the client of the extent to which the client has a right to a hearing before an impartial person.

(f) Specifies the method and deadline for requesting a hearing.

(g) Informs the client of the right to representation, including legal counsel, and the right to have witnesses testify on his or her behalf.

(h) Provides information about the availability of free legal help.

(i) Cites the rules that support the action.

(2) If benefits are reduced or closed to reflect cost-of-living adjustments in benefits or any other mass change under a program operated by a federal agency or to reflect a mass change to payments in a program operated by the Department:

(a) The requirements in subsection (1)(b) of this rule are optional. Instead of specifying the action the Department intends to take and the effective date of the action, the decision notice may state all of the following:

(A) The general nature of the change.

(B) Examples of how the change affects a client's benefits.

(b) The decision notice must also state the client's right to continue receiving benefits.

(A) The decision notice must also state under what circumstances benefits will be continued pending a hearing.

(B) The requirements in subsection (1)(d) of this rule are optional. A decision notice may indicate instead that a client may contact a local office or worker for additional information.

(3) In the SNAP program, a continuing benefit decision notice (see OAR 461-001-0000) and a decision notice under section (2) of this rule also must state that the client's household will incur a liability for any overissued benefits if:

(a) Benefits are continued pending the hearing; and

(b) The hearing decision is adverse to the client.

History

Statutory/Other Authority: ORS 411.060, 411.404, 411.816 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.404, 411.816 & 412.049
SSP 41-2010, f. 12-30-10, cert. ef. 1-1-11
SSP 26-2010(Temp), f. & cert. ef. 8-16-10 thru 2-12-11
SSP 28-2009, f. & cert. ef. 10-1-09
SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 22-2004, f. & cert. ef. 10-1-04
SSP 16-2003, f. & cert. ef. 7-1-03
AFS 23-2002(Temp), f. 12-31-02, cert. ef. 1-1-03 thru 6-30-03
AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00
AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00
AFS 17-1998, f. & cert. ef. 10-1-98
AFS 40-1995, f. 12-26-95, cert. ef. 1-1-96
AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94
AFS 6-1994, f. & cert. ef. 4-1-94
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-175-0050 Notice Period

The notice period is used to determine the effective date for taking action when a decision notice (see OAR 461-001-0000) is sent to the filing group (see OAR 461-110-0310):

(1) For a basic decision notice (see OAR 461-001-0000), the notice period is the month in which the notice is mailed.

(2) For a continuing benefit decision notice (see OAR 461-001-0000), the notice period is the budget month from which information is used to initiate the decision notice.

(3) For a timely continuing benefit decision notice (see OAR 461-001-0000), the notice period is the month in which the mailing requirement ends.

(4) Except as provided under sections (5) of this rule, the timely continuing benefit decision notice mailing requirement is:

(a) No later than the first business day following the 15th day of the month:

(A) For cases maintained in the ONE system.

(B) For General Assistance (GA), Medicare Savings Programs (see OAR 461-001-0000) and Oregon Supplemental Income Program Medical (OSIPM).

(D) For Nursing Facility or Medicaid Home and Community-Based Services received for individuals determined eligible under OAR division 411-015.

(b) At least fifteen calendar days for individuals in the Address Confidentiality Program (see OAR 461-001-0000) whose cases are maintained in the ODHS mainframe system.

(d) At least 30 calendar days for services provided under the Program of All-Inclusive Care for the Elderly (PACE) under OAR division 411-045.

(5) In all programs except the Supplemental Nutrition Assistance Program (SNAP):

(a) If the basis for a decision to reduce, suspend, or close a grant of public assistance or medical assistance is a change to a benefit standard, the timely continuing benefit decision notice mailing requirement is:

(A) At least 30 calendar days before the effective date of the action, or

(B) If the Department (see OAR 461-001-0000) has fewer than 60 days before the effective date to implement a change to a benefit standard , the mailing requirement is as provided under section (4) of this rule.

(b) For purposes of this section, the term "change to a benefit standard" means a change to the applicable inflation-adjusted contribution, income, or payment standard. It does not include the annual adjustment to a standard based on a federal or state inflation rate.

History

Statutory/Other Authority: ORS 411.730, 411.816, 412.049, ORS 411.060, 409.050, 411.404, 412.014 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.730, 411.816, 412.049, 411.404, 412.014, 412.049, 192.856, 409.010 & 411.095
SSP 29-2025, amend filed 12/29/2025, effective 01/01/2026
SSP 53-2022, minor correction filed 11/07/2022, effective 11/07/2022
SSP 27-2021, amend filed 03/24/2021, effective 04/01/2021
SSP 40-2020, temporary amend filed 11/18/2020, effective 11/18/2020 through 04/13/2021
SSP 37-2020, temporary amend filed 10/16/2020, effective 10/16/2020 through 04/13/2021
SSP 8-2008, f. & cert. ef. 4-1-08
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92

Or. Admin. R. 461-175-0200 Notice Situations; General Information

(1) In the Emergency Assistance (EA) program, a basic decision notice (see OAR 461-001-0000) is sent for all situations.

(2) For Medicare Savings Programs (see OAR 461-001-0000) and Oregon Supplemental Income Program Medical (OSIPM), a basic decision notice is sent when benefits are suspended due to incarceration

(3) In the Supplemental Nutrition Assistance Program (SNAP), a basic decision notice is sent for all actions on applications for assistance.

(4) In the Refugee Employment Program (REP) and Job Opportunity and Basic Skills (JOBS) program:

(a) A basic decision notice is sent whenever a request for a support service payment is denied.

(b) No decision notice is required if a request for a support service is approved.

(5) A basic decision notice is sent to close Job Participation Incentive (JPI) benefits when the filing group (see OAR 461-110-0310) reports a change during the reporting period in which SNAP benefits do not decrease.

(6) In the Temporary Assistance for Needy Families (TANF) program, a notice approving benefits informs the client, within one month following eligibility determination, of the opportunity to volunteer for JOBS participation and of the procedure for JOBS program entry.

(7) In the Pre-TANF program, a basic decision notice is sent when payment for basic living expenses is denied or when payment for other support services in the JOBS program is denied. No other notices are required for this program.

(8) In the Temporary Assistance for Domestice Violence Survivors (TA-DVS) program, a basic decision notice (see OAR 461-001-0000) is sent to a safe mailing address or hand delivered for all situations. This includes when the program is approved, denied, or closed (prior to the end of the 90 day eligibility period) and when a payment under the program is denied.

(9) In all programs except the Pre-TANF program, unless stated differently in this rule or another rule, the Department (see OAR 461-001-0000) mails or otherwise provides the individual with (sends) a decision notice (see OAR 461-001-0000) as follows:

(a) A basic decision notice is sent whenever an application for assistance, including retroactive medical assistance, is approved or denied or a request for a support service payment in the JOBS program is denied.

(b) A timely continuing benefit decision notice (see OAR 461-001-0000) is sent whenever benefits or support service payments authorized by OAR 461-190-0211 are reduced or closed, or the method of payment changes to protective, vendor, or two-party.

(c) A decision notice is sent whenever the Department adjusts previously underissued cash assistance or SNAP benefits.

(10) In all programs:

(a) Notwithstanding any rule in Chapter 461, to the extent permitted by OAR 137-003-0530, the Department may take any of the following actions:

(A) Amend a decision notice with another decision notice or a contested case notice.

(B) Amend a contested case notice.

(D) Extend the effective date on a decision notice or contested case notice.

(b) Except as provided in subsection (a) of this section or when a delay results from the client's request for a hearing, a notice to reduce or close benefits becomes void if the reduction or closure is not initiated on the date stated on the notice. If the notice is void, a new notice is sent to inform the financial group (see OAR 461-110-0530) of a new date on which their benefits will be reduced or closed.

(A) Benefits are ended because there is no living person in the benefit group (see OAR 461-110-0750).

(B) A notice was sent, the client requested a hearing, and either the hearing request is dismissed or a final order is issued.

(C) The client has signed a voluntary agreement that qualifies as a final order under ORS 183.417(3)(b) (see OAR 461-175-0340(2)) except as provided otherwise in OAR 461-175-0220.

(D) To end Employment Payments (see OAR 461-001-0025 and 461-135-1270) or JPI benefit (see OAR 461-135-1260) when the individual has applied for and been found eligible for Pre-TANF, State Family Pre-SSI/SSDI (SFPSS), or TANF.

(E) No decision notice is required in OAR 461-175-0300 based on prior notice.

(d) When the Department amends a decision notice with another decision notice under subsection (a) of this section, the date of the amended notice restarts the client's deadlines to request a hearing or continuing benefits, or both.

(e) When a contested case notice extends an effective date or delays a reduction or closure, the date of the amended notice restarts a client's timeline to request continuing benefits.

(f) When a client has a pending hearing request or is receiving continuing benefits, and the Department amends a notice under this section, the client need not re-file the hearing request or renew the request for continuing benefits.

History

Statutory/Other Authority: ORS 329A.500, 409.050, 411.060, 411.070, 411.404, 411.706, 411.816, 412.014, 412.049, 413.085 & 414.685
Statutes/Other Implemented: ORS 183.415, 183.417, 409.010, 411.060, 411.070, 411.404, 411.706, 411.816, 412.014, 412.049 & 412.072
SSP 29-2025, amend filed 12/29/2025, effective 01/01/2026
SSP 35-2024, minor correction filed 04/25/2024, effective 04/25/2024
SSP 21-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 23-2016, f. 6-28-16, cert. ef. 7-1-16
SSP 15-2016, f. & cert. ef. 4-1-16
SSP 2-2016, f. & cert. ef. 1-1-16
SSP 27-2015(Temp), f. 9-29-15, cert. ef. 10-1-15 thru 3-28-16
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 25-2012, f. 6-29-12, cert. ef. 7-1-12
SSP 17-2011, f. & cert. ef. 7-1-11
SSP 41-2010, f. 12-30-10, cert. ef. 1-1-11
SSP 25-2010(Temp), f. & cert. ef. 8-16-10 thru 2-12-11
SSP 18-2010, f. & cert. ef. 7-1-10
SSP 3-2010(Temp), f. & cert. ef. 2-23-10 thru 8-22-10
SSP 28-2009, f. & cert. ef. 10-1-09
SSP 17-2008, f. & cert. ef. 7-1-08
SSP 11-2008(Temp), f. & cert. ef. 4-7-08 thru 9-30-08
SSP 8-2008, f. & cert. ef. 4-1-08
SSP 16-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 6-27-08
SSP 10-2007, f. & cert. ef. 10-1-07
SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07
SSP 4-2005, f. & cert. ef. 4-1-05
SSP 21-2004, f. & cert. ef. 10-1-04
SSP 17-2004, f. & cert. ef. 7-1-04
SSP 33-2003, f. 12-31-03, cert. ef. 1-4-04
SSP 23-2003, f. & cert. ef. 10-1-03
AFS 27-2001, f. 12-21-01, cert. ef. 1-1-02
AFS 34-2000, f. 12-22-00, cert. ef. 1-1-01
AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00
AFS 9-1999, f. & cert. ef. 7-1-99
AFS 9-1997, f. & cert. ef. 7-1-97
AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97
AFS 23-1995, f. 9-20-95, cert. ef. 10-1-95
AFS 13-1995, f. 6-29-95, cert. ef. 7-1-95
AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94
AFS 29-1993, f. 12-30-93, cert. ef. 1-1-94
AFS 28-1992, f. & cert. ef. 10-1-92
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 23-1990, f. 9-28-90, cert. ef. 10-1-90
AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-175-0205 Notice Situation; Benefits for Less Than 30 Days

To end benefits if a client receives them for less than 30 days, send the following notice:

(1) For all programs except SNAP, a basic decision notice.

(2) For SNAP:

(a) A basic notice if the information on ending benefits is included in the initial approval notice;

(b) In all other situations, a timely continuing benefit decision notice.

History

Statutory/Other Authority: ORS 183, 411, 414, 416 & 418
Statutes/Other Implemented: ORS 411.060
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-175-0210 Notice Situation; Individual Moved or Whereabouts Unknown

(1) In all programs except the Supplemental Nutrition Assistance Program (SNAP), to end benefits for an individual who has moved out of Oregon and no longer meets residency requirements under OAR 461-120-0010, the Department sends the following decision notice (see OAR 461-001-0000):

(a) For Medicare Savings Programs (see OAR 461-001-0000), Oregon Supplemental Income Program Medical (OSIPM), Refugee Assistance (REF), Refugee Assistance Medical (REFM), and Temporary Assistance for Needy Families (TANF) programs:

(A) The Department sends a timely continuing benefit decision notice (see OAR 461-001-0000) to the individual who has moved out of Oregon.

(B) The Department sends a basic decision notice (see OAR 461-001-0000) if the individual becomes eligible for benefits in another state.

(b) In the General Assistance (GA) program:

(A) No decision notice is required to end housing assistance payments.

(B) The Department sends a timely continuing benefit decision notice to end Personal Incidental Fund and utility assistance payments.

(c) For Employment Payments (see OAR 461-001-0025 and 461-135-1270) and JPI (see OAR 461-135-1260), no decision notice is required if the Department determines that the benefit group (see OAR 461-110-0750) has moved out of Oregon.

(2) For GA, Medicare Savings Programs , and OSIPM:

(a) If Department mail or benefits have been returned with no forwarding address, the Department gives the individual the benefits if the individual's whereabouts become known during the period covered by the returned benefits.

(b) If Department mail or benefits have been returned with no forwarding address and the individual's whereabouts remain unknown, the Department ends benefits by sending a basic decision notice to their last known address.

(3) In the SNAP program and for Job Participation Incentive (JPI) --

(a) When the filing group (see OAR 461-110-0370) is participating in the Change Report System (CRS) and:

(A) Department mail or benefits have been returned with no forwarding address, or with an Oregon address not yet reported to Oregon Department of Human Services (ODHS), the Department shall allow the filing group 10 days to meet residence and shelter cost reporting requirements under OAR 461-170-0011. If the information is not provided, the Department sends a timely continuing benefit decision notice .

(B) Department mail or benefits have been returned with an address outside of Oregon, no decision notice is required to end benefits.

(b) When the filing group is participating in the Simplified Reporting System (SRS) or Transitional Benefit Alternative (TBA),

(A) The Department shall not end SNAP program benefits when Department mail or benefits have been returned.

(B) The Department shall end benefits when the head of household (see OAR 461-001-0015), adult member of the filing group , or authorized representative reports the filing group moved out of Oregon and no longer meet residency requirements under OAR 461-120-0010, or when they are applying for benefits in another state. No decision notice is required.

(c) For JPI, notwithstanding any provision in this section and regardless of reporting system, no decision notice is required.

(4) In the REF, Temporary Assistance for Domestic Violence Survivors (TA-DVS), and TANF programs --

(a) The Department shall not end program benefits due to return of Department mail or benefits. This includes when there is no forwarding address and the individual’s whereabouts remain unknown.

(b) In the REF and TANF Programs,

(A) When an individual’s whereabouts become unknown based on information other then return mail and the source of the information is another governmental agency; a private, non-profit agency; or first-hand knowledge of an ODHS staff member learned from the course of business, the Department shall allow the filing group 10 days to make their whereabouts known. If the information is not provided, the Department shall end benefits by sending the following decision notice to their last known address:

(i) Except for Employment Payments, a timely continuing benefit decision notice .

(ii) For Employment Payments, no decision notice is required.

(B) The Department shall give an individual the benefits that were returned if their whereabouts become known within 12 calendar months after issuance.

(5) See OAR 461-165-0130 for when benefits may be sent out of Oregon.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.404, 411.816, 412.014, 412.049, 409.050, 413.085 & 414.685
Statutes/Other Implemented: ORS 411.060, 411.070, 411.404, 411.816, 412.014, 412.049 & 409.010
SSP 29-2025, amend filed 12/29/2025, effective 01/01/2026
SSP 20-2023, amend filed 06/22/2023, effective 07/01/2023
SSP 48-2022, amend filed 09/27/2022, effective 10/01/2022
SSP 39-2022, temporary amend filed 06/27/2022, effective 06/27/2022 through 12/11/2022
SSP 49-2021, amend filed 09/23/2021, effective 10/01/2021
SSP 36-2021, temporary amend filed 07/01/2021, effective 07/01/2021 through 12/27/2021
SSP 33-2017, amend filed 12/08/2017, effective 01/01/2018
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 15-2016, f. & cert. ef. 4-1-16
SSP 12-2015, f. 3-16-15, cert. ef. 4-1-15
SSP 30-2014(Temp), f. & cert. ef. 11-14-14 thru 5-12-15
SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 33-2013(Temp), f. & cert. ef. 10-3-13 thru 3-30-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 22-2012, f. 6-29-12, cert. ef. 6-30-12
SSP 37-2011(Temp), f. 12-30-11, cert. ef. 1-1-12 thru 6-29-12
SSP 32-2010, f. & cert. ef. 10-1-10
SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05
AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97
AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 23-1990, f. 9-28-90, cert. ef. 10-1-90
AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-175-0220 Notice Situation; Disqualification

(1) If a benefit group (see OAR 461-110-0750) or individual is disqualified for a Supplemental Nutrition Assistance Program (SNAP) voluntary job quit or for failure to apply for or provide a Social Security number (SSN), pursue assets, cooperate in the Job Opportunity and Basic Skills (JOBS) program, JOBS Plus, Refugee Employment Program (REP), or a SNAP Employment and Training program, or assist the state's efforts to collect support, the Department sends the following type of notice:

(a) If benefits are reduced or closed because of the disqualification:

(A) A continuing benefit decision notice (see OAR 461-001-0000) is used when changes are reported on the Periodic Report form.

(B) A timely continuing benefit decision notice (see OAR 461-001-0000) is used when changes are not reported on the Periodic Report form.

(b) If benefits are opened without the disqualified individual in the benefit group or if the entire benefit group is denied assistance, a basic decision notice (see OAR 461-001-0000) is used.

(2) For a JOBS, JOBS Plus, REP, or a SNAP Employment and Training disqualification, and for a SNAP voluntary job quit by an individual receiving SNAP benefits, the notice includes the following information:

(a) The individual's action that resulted in disqualification.

(b) The length of the minimum disqualification period.

(d) How the individual may end the disqualification after the minimum period.

(3) For an Able Bodied Adult Without Dependents (ABAWD) disqualification due to the SNAP time limit in OAR 461-135-0520, the notice includes the following information:

(a) The action that resulted in the disqualification.

(b) The reduced amount when there are other eligible persons in the filing group.

(4) For a voluntary job quit by an individual applying for SNAP benefits, the notice includes the following information:

(a) The action that resulted in the disqualification; and

(b) The length of the disqualification period.

(5) For an intentional program violation (IPV) disqualification:

(a) In all programs except the SNAP program, the Department may send a basic decision notice to an individual disqualified for an IPV after a court order, a final order from an administrative hearing, or a signed waiver (see OAR 461-175-0200(9)(c)(C) and OAR 461-195-0621(2)) that imposes the disqualification.

(b) In the SNAP program:

(A) After an individual signs an IPV waiver, the Department sends a basic decision notice to terminate benefits. If the Department receives a timely request for a hearing, the contested case hearing addresses the issues set out in OAR 461-195-0611(3).

(B) The Department sends a basic decision notice to terminate benefits of an individual disqualified for an IPV after a court order or a final order from an administrative hearing.The notice must indicate the disqualification period.

(c) In all programs, the Department sends a continuing benefit decision notice when benefits for other individuals in the benefit group are closed or reduced because an individual in the benefit group is disqualified for an IPV.

(6) For a disqualification due to being a fleeing felon or in violation of parole, probation, or post-prison supervision (under OAR 461-135-0560):

(a) A basic decision notice is required if benefits are opened without the disqualified individual in the benefit group or if the entire filing group is denied benefits.

(b) A timely continuing benefit decision notice is required if an individual in the benefit group is disqualified.

(7) The notice situation for a disqualification due to a transfer of assets is covered in OAR 461-175-0310.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.404, 411.816, 412.014, 412.049 & ORS 409.050
Statutes/Other Implemented: ORS 411.060, 411.070, 411.404, 411.816, 412.014, 412.049 & ORS 409.010
SSP 60-2024, amend filed 12/30/2024, effective 01/01/2025
SSP 29-2024, amend filed 03/26/2024, effective 04/01/2024
SSP 47-2022, amend filed 09/20/2022, effective 09/27/2022
SSP 33-2022, temporary amend filed 03/31/2022, effective 04/01/2022 through 09/27/2022
SSP 10-2018, amend filed 03/07/2018, effective 04/01/2018
SSP 10-2017, f. 3-24-17, cert. ef. 4-1-17
SSP 35-2016, f. 9-30-16, cert. ef. 10-1-16
SSP 23-2016, f. 6-28-16, cert. ef. 7-1-16
SSP 2-2016, f. & cert. ef. 1-1-16
SSP 5-2010, f. & cert. ef. 4-1-10
SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06
SSP 20-2003, f. & cert. ef. 8-15-03
AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97
AFS 36-1996, f. 10-31-96, cert. ef. 11-1-96
AFS 21-1995, f. 9-20-95, cert. ef. 10-1-95
AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 23-1990, f. 9-28-90, cert. ef. 10-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-175-0222 Notice Situations — Expiration of Certification Period; SNAP, TANF

In the SNAP and TANF programs:

(1) The Department must provide a household certified for one month or certified in the second month of a two-month certification period (see OAR 461-001-0000) a notice of expiration at the time of certification.

(2) In the SNAP program, each household other than those covered under section (1) of this rule must receive a notice of expiration before the first day of the last month of the certification period established under OAR 461-115-0450, but not before the first day of the next-to-the-last month.

(3) In the SNAP program, notice of expiration under this rule is provided to the filing group (see OAR 461-110-0310 and 461-110-0370) and must contain all of the following:

(a) The date the certification period expires.

(b) The date by which a household must submit an application for recertification to receive uninterrupted benefits.

(d) The right to receive an application form upon request and to have it accepted as long as it contains a signature and a legible name and address.

(e) Information on alternative submission methods available to households that are not able to come into the certification office or do not have an authorized representative and how to exercise these options.

(f) The address of the office where the application must be filed.

(g) The household's right to request a contested case hearing if the recertification is denied or if the household objects to the benefit amount.

(h) A statement that any household consisting only of Supplemental Security Income (SSI) applicants or recipients is entitled to apply for SNAP program benefits recertification at an office of the Social Security Administration.

(i) A statement that failure to attend an interview may result in delay or denial of benefits.

(j) A statement that the household is responsible for rescheduling a missed interview and for providing required verification information.

(k) A statement that there is no right to continuation of benefits after the SNAP program certification period expires; and that to receive benefits, the individual must reapply and be found eligible for a new benefit amount after the end of the certification period , including an individual who is receiving continuation of benefits when their SNAP program certification period ends.

(4) In the TANF program, each household other than those covered under section (1) of this rule must be sent:

(a) Before the first day of the last month of the certification period , but not before the first day of the next-to-the-last month, a recertification packet that contains application forms, deadlines, and information about the consequences of not reapplying on time; and

(b) A basic decision notice (see OAR 461-001-0000) about the expiration of the certification period .

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.816 & 412.049
Statutes/Other Implemented: 411.060, 411.070, 411.816, 412.049 & ORS 409.010
SSP 20-2023, amend filed 06/22/2023, effective 07/01/2023
SSP 36-2015, f. 12-23-15, cert. ef. 1-1-16
SSP 29-2015(Temp), f. & cert. ef. 10-1-15 thru 3-28-16
SSP 13-2013, f. & cert. ef. 7-1-13
SSP 15-2010, f. & cert. ef. 5-27-10
Renumbered from 461-115-0510, SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00
AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-175-0224 Notice Situation; Changes in Housing Arrangements that Cause Decreases; GA

In the GA program, no decision notice (see OAR 461-001-0000) is required under the following circumstances:

(1) The Department reduces housing assistance payments because a change in housing arrangements results in decreased rent.

(2) The Department ends housing assistance payments due to a loss of housing.

History

Statutory/Other Authority: ORS 409.050, 411.095 & 411.040
Statutes/Other Implemented: ORS 409.010, 411.095 & 411.040
SSP 33-2017, adopt filed 12/08/2017, effective 01/01/2018

Or. Admin. R. 461-175-0225 Notice Situation; Institution/Income and Resource Allowances

If an institutionalized spouse is determined eligible for OSIPM, or upon request by either spouse, or a person acting on behalf of either spouse, send a basic decision notice to each spouse or each person’s authorized representative, containing all the following:

(1) The amount of the community spouse’s income allowance.

(2) The amount of income allowances for family members.

(3) The method for computing the income allowances for the community spouse and family members.

(4) The amount of the community spouse’s resource allowance.

(5) The method for computing the community spouse’s resource allowance.

(6) Either spouse’s right to a hearing regarding ownership or availability of income or resources, and the determination of the community spouse’s income or resource allowance.

History

Statutory/Other Authority: ORS 411.060, 411.070 & 411.404
Statutes/Other Implemented: ORS 183.415, 411.060, 411.070 & 411.404
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-175-0230 Notice Situation; Nonstandard Living Situations

(1) In the SNAP program:

(a) A timely continuing benefit decision notice (see OAR 461-001-0000) is sent to terminate, suspend, or reduce benefits if the notice occurs as a result of any of the following situations:

(A) An individual has been admitted or committed to an institution.

(B) An individual has been placed in foster care, skilled nursing care, intermediate care, or long-term hospitalization.

(D) An individual enters a drug or alcohol residential treatment facility.

(E) An individual leaves a drug or alcohol residential treatment facility without reapplying for SNAP benefits.

(b) No decision notice (see OAR 461-001-0000) is required if the Department determines that a resident of a group living (see OAR 461-001-0015) facility or a drug or alcohol treatment center is ineligible as a result of one of the following actions taken against the center or facility:

(A) Disqualification by Food and Nutrition Services (FNS) as an authorized representative.

(B) Loss of certification with the Department.

(c) A resident of a facility that is disqualified or loses its certification as described in subsection (b) of this section may still qualify for SNAP benefits through a separate application.

(2) Except as provided in section (3) of this rule, for all programs except the SNAP program, a basic decision notice (see OAR 461-001-0000) is sent to terminate, suspend, or reduce benefits in each of the following situations:

(a) The individual has been admitted or committed to an institution, or the individual loses Medicaid eligibility while in the institution.

(b) The individual has been placed in skilled nursing care, intermediate care, or long-term hospitalization.

(3) Except as provided in OAR 461-175-0300, in the OSIPM program, a individual receiving home and community-based care (see OAR 461-001-0030) or long-term care services is sent –

(a) A timely continuing benefit decision notice in each of the following situations:

(A) A reduction or closure of services occurs as the result of a process of reevaluating both the functional impairment levels of an individual and the requirements of an individual for assistance in performing activities of daily living.

(B) Services are closing because the individual has not paid the patient liability under OAR 461-160-0610 or participant fee (see OAR 461-001-0035).

(D) There is a change in special needs as described in OAR 461-180-0040.

(E) Except as provided in subsection (b) of this section, when there is an increase in the patient liability or participant fee as described in OAR 461-160-0610 and OAR 461-160-0800.

(b)A continuing benefit decision notice (see OAR 461-001-0000) when there is an increase in a patient liability or participant fee as a result of any of the following:

(A) A cost-of-living adjustment (COLA).

(B) A mass change under a program operated by a federal agency.

History

Statutory/Other Authority: ORS 329A.500, 409.050, 411.060, 411.101, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.685
Statutes/Other Implemented: ORS 411.060, 411.085, 411.095, 411.099, 411.101, 411.103, 411.816, 412.014 & 412.049
SSP 68-2021, minor correction filed 12/14/2021, effective 12/14/2021
SSP 15-2021, minor correction filed 02/18/2021, effective 02/18/2021
SSP 21-2020, amend filed 07/08/2020, effective 07/08/2020
SSP 11-2018, amend filed 03/09/2018, effective 04/01/2018
SSP 29-2017, temporary amend filed 11/15/2017, effective 12/01/2017 through 03/31/2018
SSP 23-2017, f. 9-11-17, cert. ef. 10-1-17
SSP 9-2014, f. & cert. ef. 4-1-14
SSP 26-2013, f. & cert. ef. 10-1-13
SSP 17-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13
SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07
SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06
AFS 11-2001, f. 6-29-01, cert. ef. 7-1-01
AFS 13-1995, f. 6-29-95, cert. ef. 7-1-95
AFS 6-1994, f. & cert. ef. 4-1-94
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-175-0240 Notice Situation; Lump-Sum

If a financial group (see OAR 461-110-0530) receives lump-sum income that will make the financial group ineligible or cause a reduction in benefits:

(1) The Department will deny benefits to an applicant and send a basic decision notice (see OAR 461-001-0000).

(2) If a benefit group (see OAR 461-110-0750) is receiving benefits, the Department will stop or reduce them and:

(a) If the action is based on changes reported on the Periodic Report form, send a continuing benefit decision notice (see OAR 461-001-0000).

(b) If the action is not based on changes reported on the Periodic Report form, send a timely continuing benefit decision notice (see OAR 461-001-0000).

History

Statutory/Other Authority: ORS 411.060, 411.095 & 411.816
Statutes/Other Implemented: ORS 411.060, 411.095 & 411.816
SSP 47-2022, amend filed 09/20/2022, effective 09/27/2022
SSP 33-2022, temporary amend filed 03/31/2022, effective 04/01/2022 through 09/27/2022
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 32-2010, f. & cert. ef. 10-1-10
SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09
SSP 20-2003, f. & cert. ef. 8-15-03
AFS 24-2001, f. & cert. ef. 11-1-01
AFS 13-1994, f. & cert. ef. 7-1-94
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-175-0250 Notice Situation; Mass Changes

(1) If benefits are reduced or closed to reflect cost-of-living adjustments in benefits or other mass change under a program operated by a federal agency or to reflect a mass change to payments in a program operated by the Department:

(a) Except as provided in subsection (b) of this section, the type of decision notice (see OAR 461-001-0000) used is the same as otherwise applies to the reduction or closure of benefits under the rules of this division.

(b) In the SNAP program, a continuing benefits decision notice (see OAR 461-001-0000) may be used if the rules in this division of rules would otherwise require a timely continuing benefits decision notice (see OAR 461-001-0000).

(c) OAR 461-175-0010(2) and (3) modify the content requirements for the decision notice that apply to other decision notices under OAR 461-175-0010(1).

(2) In the SNAP program, no decision notice is required when the Department makes the following mass changes:

(a) An annual adjustment to income limits, the shelter deduction, or the standard deduction.

(b) An annual adjustment to a standard utility allowance.

(3) In the SNAP program, notwithstanding any other rule in chapter 461, when the federal government changes a benefit or standard that results in the suspension or closure of SNAP benefits for the entire caseload or a significant portion of the caseload of recipients in Oregon:

(a) No decision notice is required. The Department and the Authority are not required to mail a notice of intended action.

(b) The Department publicizes the change using one or more of the following methods:

(A) Informing the public through the news media.

(B) Placing posters in the offices that serve affected recipients, in the locations where SNAP is issued, and at other sites frequented by SNAP clients.

(c) There is no right to hearing to merely dispute this federally required suspension or closure of benefits and no right to continuing benefits.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.816, 412.014 & 412.049
Statutes/Other Implemented: ORS 409.010, 411.060, 411.816, 412.014 & 412.049
SSP 2-2016, f. & cert. ef. 1-1-16
SSP 41-2010, f. 12-30-10, cert. ef. 1-1-11
SSP 26-2010(Temp), f. & cert. ef. 8-16-10 thru 2-12-11
SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07
SSP 20-2003, f. & cert. ef. 8-15-03
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 22-2004, f. & cert. ef. 10-1-04
AFS 8-1998, f. 4-28-98, cert. ef. 5-1-98
AFS 5-1998(Temp), f. & cert. ef. 3-11-98 thru 5-31-98
AFS 4-1998, f. 2-25-98, cert. ef. 3-1-98
AFS 13-1994, f. & cert. ef. 7-1-94
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-175-0270 Notice Situation; Simplified Reporting System (SRS) or Transitional Benefit Alternative (TBA)

(1) When the Department takes action on information reported on the Periodic Report form, the Department sends a continuing benefit decision notice (see OAR 461-001-0000) for individuals in the OSIP, OSIPM, QMB, REF, REFM, SNAP, and TANF programs. The notice includes the amount of income used to determine the benefits or ineligibility.

(2) For all changes not reported on the Periodic Report form, which result in a closure or reduction in benefits, the Department sends a timely continuing benefit decision notice .

(3) When the Department changes the reporting system from one reporting system to another reporting system, the Department provides a continuing benefit decision notice if the change occurs at a time other than at the start of a certification period (see OAR 461-001-0000).

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.095, 411.111, 411.404, 411.816 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.070, 411.095, 411.111, 411.404, 411.816 & 412.049
SSP 20-2023, amend filed 06/22/2023, effective 07/01/2023
SSP 47-2022, amend filed 09/20/2022, effective 09/27/2022
SSP 33-2022, temporary amend filed 03/31/2022, effective 04/01/2022 through 09/27/2022
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 32-2010, f. & cert. ef. 10-1-10
SSP 5-2010, f. & cert. ef. 4-1-10
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
SSP 28-2009, f. & cert. ef. 10-1-09
SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09
SSP 14-2007, f. 12-31-07, cert. ef. 1-1-08
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
SSP 20-2003, f. & cert. ef. 8-15-03
SSP 13-2003, f. 6-12-03, cert. ef. 6-16-03
AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00
AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-175-0280 Notice Situation; Failure to Submit Periodic Report; SNAP

In the SNAP program:

(1) The Department sends a continuing benefit decision notice when a benefit group in Simplified Reporting System (SRS) fails to return a complete (see OAR 461-170-0101) Periodic Report form by the due date. The notice informs the benefit group that:

(a) The Periodic Report form was not received by the due date.

(b) The benefit group has until the end of the continued due month (see OAR 461-170-0101) to provide the Periodic Report form to receive non-prorated benefits for the reinstate month (see OAR 461-170-0101).

(c) If the Periodic Report form is not received by the Department by the last day of the continued due month , SNAP program benefits will be closed effective the last day of the continued due month .

(2) The Department sends a continuing benefit decision notice (see OAR 461-001-0000) to close benefits when the benefit group fails to return a complete Periodic Report form by the due date. The SNAP program benefits will be closed effective the last day of the continued due month .

(3) The Department allows a reinstate month during which a benefit group may submit a complete Periodic Report form and have the SNAP certification period reinstated. A complete Periodic Report form received after the last day of the reinstate month shall not reinstate SNAP benefits.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.095 & 411.816
Statutes/Other Implemented: ORS 409.050, 411.060, 411.070, 411.095, 411.816, ORS 409.010, 409.610, 411.087, 411.825 & 411.837
SSP 20-2023, amend filed 06/22/2023, effective 07/01/2023
SSP 47-2022, amend filed 09/20/2022, effective 09/27/2022
SSP 33-2022, temporary amend filed 03/31/2022, effective 04/01/2022 through 09/27/2022
SSP 23-2015, f. 9-28-15, cert. ef. 10-1-15
SSP 32-2010, f. & cert. ef. 10-1-10
SSP 28-2009, f. & cert. ef. 10-1-09
SSP 5-2009, f. & cert. ef. 4-1-09
SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09
SSP 20-2003, f. & cert. ef. 8-15-03
AFS 10-2002, f. & cert. ef. 7-1-02
AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-175-0290 Notice Situation; Overpayment Repayment

When benefits are reduced for recovery of an overpayment (see OAR 461-195-0551) a timely continuing benefit decision notice (see OAR 461-001-0000) is sent for the first month of the reduction.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.816, 412.014 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.070, 411.816, 412.014 & 412.049
SSP 35-2011, f. 12-27-11, cert. ef. 1-1-12
AFS 28-1992, f. & cert. ef. 10-1-92
AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-175-0300 Notice Situation; Prior Notice

(1) Except as provided in section (5) of this rule, when benefits in any Department program except a medical program and the SNAP program will end or be reduced after a specific period of time, the Department may issue a decision notice (see OAR 461-001-0000) informing the benefit group (see OAR 461-110-0750) of the date benefits will end or be reduced, and no further decision notice is required.

(2) Except as provided in section (5) of this rule, in any Department program except a medical program and the SNAP program, if the benefit group was informed in writing when the benefits began that the benefit group would receive benefits only for a specific period of time a basic decision notice (see OAR 461-001-0000) may be used to--

(a) Deny an application to start or continue benefits after the completion of a certification period (see OAR 461-001-0000) or to approve benefits at a level lower than the prior certification period .

(b) Indicate that benefits have been ended or reduced when no timely application is submitted.

(3) A basic decision notice is used when a special need allowance granted for a specific period of time is removed at the end of the specified period and the benefit group was informed of this in writing when the allowance began. A timely continuing benefit decision notice (see OAR 461-001-0000) is required if stopping the special need allowance results in benefit closure.

(4) In the JOBS Plus program, a basic decision notice is used if--

(a) An employer submits a wage reimbursement billing and the Department calculates a supplement (see OAR 461-190-0416 about supplements);

(b) The benefit group received a timely continuing benefit decision notice that the method of payment would be changed from cash to employer-paid wages; and

(5) No additional decision notice is required when:

(a) Notwithstanding OAR 461-115-0010(6), when a benefit group submits an application for a program from which they currently are receiving benefits.

(b) In the OSIPM program:

(A) An individual’s patient liability under OAR 461-160-0610 or participant fee (see OAR 461-001-0035) returns to the previous amount after the Department sent the individual a basic decision notice for a decrease in the patient liability or participant fee due to a one-time allowable deduction and that notice also specified when the deduction no longer would apply causing the patient liability or participant fee to return to the previous amount; or

(B) An individual's benefits are being closed or reduced and the Department sent the individual a basic decision notice of eligibility and a simultaneous continuing benefit decision notice (see OAR 461-001-0000) because the individual's circumstances changed between the date of the individual's application and the date of the Department's eligibility decision and the change caused the individual's benefits to be reduced or closed.

(c) A decision notice that included the eligibility begin and end dates for the three consecutive months of Employment Payments (see OAR 461-001-0025 and 461-135-1270) was given and the three-month eligibility period ends.

(d) A decision notice that informed the JPI benefit group in writing, when their benefits began, that they would receive JPI (see OAR 461-135-1260) benefits only for a specific period of time.

(e) A decision notice that included the eligibility begin and end dates was given for TA-DVS program benefits and the 90-day eligibility period ends.

(6) In the SNAP program:

(a) A basic decision notice is used to close benefits if the benefit group was informed in writing, when their benefits began, that they would receive benefits only for a specific period of time.

(b) No decision notice is required if the individual is provided a decision notice at the time of application or redetermination that –

(A) The allotment of the benefit group would vary from month to month and listed the anticipated changes;

(B) In the case the individual applied at the same time for both cash assistance and SNAP benefits, the SNAP benefits would be reduced or closed upon approval of the cash assistance; or

(i) The expedited services benefits would close if the Department did not receive the postponed verification within the timeframe established under OAR 461-115-0690.

(ii) The expedited services benefits may be adjusted beyond the timeframe established under OAR 461-115-0690 based on the verified information provided to the Department without further notice.

History

Statutory/Other Authority: ORS 183.417, 411.060, 411.070, 411.404, 411.706, 411.816, 412.006, 412.014, 412.049, 414.231, 414.826 & 412.072
Statutes/Other Implemented: ORS 183.417, 411.060, 411.070, 411.404, 411.706, 411.816, 412.006, 412.014, 412.049, 414.231, 414.826 & 412.072
SSP 34-2024, minor correction filed 04/25/2024, effective 04/25/2024
SSP 20-2023, amend filed 06/22/2023, effective 07/01/2023
SSP 69-2021, minor correction filed 12/14/2021, effective 12/14/2021
SSP 21-2020, amend filed 07/08/2020, effective 07/08/2020
SSP 11-2018, amend filed 03/09/2018, effective 04/01/2018
SSP 15-2016, f. & cert. ef. 4-1-16
SSP 36-2015, f. 12-23-15, cert. ef. 1-1-16
SSP 29-2015(Temp), f. & cert. ef. 10-1-15 thru 3-28-16
SSP 18-2010, f. & cert. ef. 7-1-10
SSP 7-2005, f. & cert. ef. 7-1-05
SSP 3-2005(Temp), f. & cert. ef. 3-2-05 thru 6-30-05
SSP 17-2004, f. & cert. ef. 7-1-04
AFS 10-2002, f. & cert. ef. 7-1-02
AFS 25-1994, f. & cert. ef. 11-1-94
AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-175-0305 Notice Situation; Removing an Individual from a Benefit Group; REF, REFM, SNAP, TANF

(1) To remove an individual from a benefit group (see OAR 461-110-0750), the following notices are used:

(a) A continuing benefit decision notice (see OAR 461-001-0000) is used when the removal is based on information reported on the Periodic Report form.

(b) A timely continuing benefit decision notice (see OAR 461-001-0000) is used when the removal is not based on the Periodic Report form.

(2) In the TANF program, if a child (see OAR 461-001-0000) is removed from the benefit group as a result of a court order or a voluntary placement in foster care by the child's caretaker relative (see OAR 461-001-0000), a basic decision notice (see OAR 461-001-0000) is used.

History

Statutory/Other Authority: ORS 411.060, 411.095, 411.404, 411.816 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.095, 411.404, 411.816 & 412.049
SSP 20-2023, amend filed 06/22/2023, effective 07/01/2023
SSP 47-2022, amend filed 09/20/2022, effective 09/27/2022
SSP 33-2022, temporary amend filed 03/31/2022, effective 04/01/2022 through 09/27/2022
SSP 38-2015, f. 12-25-15, cert. ef. 1-1-16
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 32-2010, f. & cert. ef. 10-1-10
SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09
SSP 10-2007, f. & cert. ef. 10-1-07
SSP 23-2003, f. & cert. ef. 10-1-03
SSP 20-2003, f. & cert. ef. 8-15-03
AFS 10-2002, f. & cert. ef. 7-1-02
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91

Or. Admin. R. 461-175-0310 Notice Situation; Asset Transfer Disqualification

(1) When the Department proposes to disqualify a filing group (see OAR 461-110-0310) because of a disqualifying transfer of assets (see OAR 461-140-0210), the following notice is sent:

(a) For new applicants, a basic decision notice (see OAR 461-001-0000).

(b) For ongoing clients, a timely continuing benefit decision notice (see OAR 461-001-0000).

(2) A notice required by this rule includes the amount of uncompensated value used in the eligibility determination and the period of ineligibility caused by the transfer.

(3) In the OSIP and OSIPM programs, the notice must also include:

(a) The action that resulted in the disqualification; and

(b) Information that the individual, or the facility in which the individual resides (on behalf of the individual), may apply for a waiver of the disqualification on the basis of undue hardship.

History

Statutory/Other Authority: ORS 409.050, 410.070, 411.060, 411.070, 411.816, 412.049, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.010, 409.050, 410.070, 411.060, 411.070, 411.095, 411.816, 412.049, 413.085 & 414.685
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 35-2015, f. 12-23-15, cert. ef. 1-1-16
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
SSP 4-2005, f. & cert. ef. 4-1-05
AFS 27-2001, f. 12-21-01, cert. ef. 1-1-02
AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-175-0320 Notice Situation; Restoring SNAP Benefits

In the SNAP program, after the Department determines whether a person is entitled to restoration of benefits, the person is entitled to a basic decision notice that includes the amount to be restored, any offsetting that was done, and the manner in which the benefits will be restored. Once the Department sends the notice, no additional notice is required when the restoration payments stop.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060
AFS 10-2002, f. & cert. ef. 7-1-02
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-175-0340 Notice Situation; Voluntary Action

(1) Unless the Department (see OAR 461-001-0000) chooses to proceed as described in section (2) of this rule:

(a) For all programs except the Supplemental Nutrition Assistance Program (SNAP), if the primary person (see OAR 461-001-0000), another adult member of the filing group , or the authorized representative:

(A) Makes an oral request to end or reduce benefits, a timely continuing benefit decision notice (see OAR 461-001-0000) is sent.

(B) Makes a signed, written request to withdraw, end, or reduce benefits, a basic decision notice (see OAR 461-001-0000) is sent.

(b) In the SNAP program, when the filing group (see OAR 461-110-0370) states it wishes to withdraw its benefits request, or states it wishes to reduce or no longer receive benefits:

(A) If the request is made by phone to end or reduce benefits, a basic decision notice is sent.

(B) If the request is made in person to reduce benefits, a basic decision notice is sent.

(C) If the request to reduce benefits is signed by the primary person (see OAR 461-001-0000), another adult member of the filing group , or the authorized representative, a basic decision notice is sent.

(D) If the request to end benefits is signed by the primary person , another adult member of the filing group , or the authorized representative in the presence of a worker, no notice is required. If it is not signed in the presence of a worker, a basic decision notice is sent.

(E) If an individual withdraws a signed request for benefits, a basic decision notice is sent.

(2) The Department may reduce or terminate benefits to an individual, and in the Oregon Supplemental Income Program Medical (OSIPM) and Qualified Medicare Beneficiaries (QMB) programs, an individual may withdraw an application, when the individual completes a voluntary agreement on a Department form used for this purpose.

(a) The Department provides the individual with a copy of the completed agreement and except to the extent provided by OAR 461-175-0220(5) no other notice is required.

(b) The individual may request a hearing to set aside this agreement on the grounds of fraud, duress, or reliance on misinformation provided by the Department , subject to the time limits for hearing requests in OAR 461-025-0310.

(3) In the SNAP program, a timely continuing benefit decision notice is sent if the filing group returns a signed Change Report form with information that requires a reduction or closure of benefits.

(4) In the Temporary Assistance for Needy Families (TANF) and Refugee Assistance (REF) programs, a voluntary request to end TANF or REF benefits under section (1)(a) of this rule is a voluntary request to close all support services (see OAR 461-001-0025 and OAR 461-001-0027) as well.

History

Statutory/Other Authority: ORS 329A.500, 409.050, 411.060, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.685
Statutes/Other Implemented: ORS 329A.500, ORS 183.417, 329A.500, 409.010, 411.060, 411.404, 411.816, 412.014 & 412.049
SSP 54-2024, amend filed 09/27/2024, effective 10/01/2024
SSP 3-2023, minor correction filed 01/04/2023, effective 01/04/2023
SSP 5-2020, amend filed 03/30/2020, effective 04/01/2020
SSP 28-2018, amend filed 09/06/2018, effective 10/01/2018
SSP 2-2016, f. & cert. ef. 1-1-16
SSP 23-2008, f. & cert. ef. 10-1-08
SSP 8-2008, f. & cert. ef. 4-1-08
SSP 16-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 6-27-08
SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05
SSP 23-2003, f. & cert. ef. 10-1-03
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-175-0350 Notice Situation; EBT Benefit Expungement

(1) When EBT benefit expungement is required under OAR 461-165-0010, an expungement notice is sent no later than 30 days before expungement is scheduled to begin.

(2) The notice shall include the earliest date the benefits are scheduled to be expunged and the steps an individual may take to prevent or stop the expungement of EBT benefits.

(3) When notice is sent under section (1) of this rule, expungement begins, and the EBT benefits remain “unused,” the Department shall continue expunging benefits as they reach 274 days. No additional notice is required.

(4) When expungement is prevented or stopped because the household “used” their EBT benefits, the Department shall send a new expungement notice as required under section (1) of this rule when benefits later become “unused” for long enough that expungement is again required under 461-165-0010.

(5) For the purposes of this rule:

(a) “Used” means a purchase or withdrawal of any amount.

(b) “Unused” means no purchase or withdrawal of any amount.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.816 & 411.837
Statutes/Other Implemented: ORS 409.010, ORS 409.050, 411.060, 411.070, 411.816, 411.837, 7 CFR 274.2 & Pub. L. 115-334
SSP 59-2022, adopt filed 12/27/2022, effective 01/01/2023

Division 180 EFFECTIVE DATES

Or. Admin. R. 461-180-0006 Effective Dates; Changes for Cases in the Simplified Reporting System (SRS); SNAP

In the SNAP program, and only as allowed under OAR 461-170-0103:

(1) The effective date of a change based on a complete (see OAR 461-170-0101) Periodic Report form is:

(a) The first day of the month following the continued due month (see OAR 461-170-0101);

(b) The first day of the month following the due month (see OAR 461-170-0101) if there is time to send a continuing benefit decision notice (see OAR 461-001-0000); or

(2) The effective date of a change not based on a Periodic Report form is as follows:

(a) For a change resulting in an increase in benefits, the effective date is determined in accordance with OAR 461-180-0010 and 461-180-0020.

(b) For a change resulting in a decrease in benefits, the effective date for reducing benefits is the first of the month following the month in which the decision notice period ends.

(c) For a change resulting in a closure of benefits, the effective date is the last day of the month in which the notice period ends.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070 & 411.816
Statutes/Other Implemented: ORS 409.010, 409.050, 411.060, 411.070, 411.816, 411.825 & 411.837
SSP 47-2022, amend filed 09/20/2022, effective 09/27/2022
SSP 33-2022, temporary amend filed 03/31/2022, effective 04/01/2022 through 09/27/2022
SSP 7-2019, amend filed 03/11/2019, effective 04/01/2019
SSP 23-2015, f. 9-28-15, cert. ef. 10-1-15
SSP 5-2009, f. & cert. ef. 4-1-09
SSP 20-2003, f. & cert. ef. 8-15-03

Or. Admin. R. 461-180-0010 Effective Dates; Adding a New Person to an Open Case

(1) In the following programs, the effective date for adding an individual (other than an assumed eligible newborn) to the benefit group (see OAR 461-110-0750) is one of the following:

(a) In the OSIPM program, the date benefits are requested for the individual establishes a date of request (see OAR 461-115-0030) for the individual. The effective date for the individual is determined in accordance with OAR 461-180-0090.

(b) In the REFM program, it is whichever occurs first:

(A) The date the individual requests benefits, if the individual was eligible as of that date.

(B) The date all eligibility requirements are met.

(A) If adding the individual increases benefits, it is the first of the month after the filing group (see OAR 461-110-0310 and 461-110-0370) reports the person has joined the household group (see OAR 461-110-0210). If verification is requested, the effective date for the change is:

(i) The first of the month following the date the change was reported if verification is received by the Department no later than the due date for the verification.

(ii) The first of the month following the date the verification is received by the Department if received after the verification due date.

(B) If adding the individual reduces benefits, it is the first of the month following the month in which the notice period ends (see OAR 461-175-0050).

(d) In the GA, OSIP, REF, SFPSS, and TANF programs, it is the date on which all eligibility requirements are met and verified. If benefits have been issued for the month and adding the new person would reduce benefits, the person is added the first of the month following the month in which the notice period ends (see OAR 461-175-0050).

(e) In the QMB-BAS and QMB-DW programs, it is the first of the month after the new individual has been determined to meet all QMB eligibility criteria and the Department receives the required verification.

(f) In the QMB-SMB program, it is the first of the month in which the new individual has been determined to meet all QMB-SMB eligibility criteria and the Department receives the required verification.

(2) In the following programs, the effective date for adding an assumed eligible newborn to the benefit group is one of the following:

(a) In the OSIPM and REFM programs, it is the date of birth if all the following paragraphs are true. If any of the following paragraphs is not true, the newborn is added to the benefit group in accordance with section (1) of this rule.

(A) A request for benefits is made within one year of the birth. For purposes of this paragraph, a telephone call from the attending physician, another licensed practitioner, a hospital, or the family is considered a request for benefits.

(B) The newborn has continuously lived with the individual who gave birth to the newborn since the date of birth.

(C) The individual who gave birth to the newborn was receiving OSIPM on the date of birth, even if they are not currently eligible for benefits.

(b) In the SFPSS and TANF programs, it is:

(A) The date of birth, if all eligibility requirements are met and verified within 30 days after the birth; or

(B) The date all eligibility factors are met and verified, if the verification is completed more than 30 days after the date of birth.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.685
Statutes/Other Implemented: 411.060, 411.070, 411.404, 411.816, 412.014, 412.049 & ORS 409.010
SSP 20-2023, amend filed 06/22/2023, effective 07/01/2023
SSP 22-2017, f. 9-8-17 & cert. ef. 10-1-17
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 13-2016, f. 3-21-16, cert. ef. 4-1-16
SSP 4-2016(Temp), f. & cert. ef. 1-22-16 thru 6-11-16
SSP 32-2015(Temp), f. & cert. ef. 12-15-15 thru 6-11-16
SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 28-2013(Temp), f. & cert. ef. 10-1-13 thru 1-28-14
SSP 19-2013(Temp), f. 7-31-13, cert. ef. 8-1-13 thru 1-28-14
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
SSP 17-2004, f. & cert. ef. 7-1-04
SSP 7-2003, f. & cert. ef. 4-1-03
AFS 19-1997, f. & cert. ef. 10-1-97
AFS 36-1996, f. 10-31-96, cert. ef. 11-1-96
AFS 22-1995, f. 9-20-95, cert. ef. 10-1-95
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 8-1992, f. & cert. ef. 4-1-92
AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 23-1990, f. 9-28-90, cert. ef. 10-1-90
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-180-0020 Effective Dates; Changes in Income or Income Deductions That Cause Increases

This rule is used to determine the effective date when a change in income or income deductions causes an increase in benefits. The effective date is one of the following:

(1) In the GA, REF, SFPSS, and TANF programs, the effective date for an anticipated change reported before the payment month is the first of the payment month in which it will occur. If the change is not reported until the month it occurs or later, the effective date is the first of the month following the month in which the change was reported.

(2) In the SNAP program:

(a) The effective date when verification is not requested is the first of the month following the date the change was reported.

(b) The effective date if verification is requested is:

(A) The first of the month following the date the change was reported if verification is received no later than the due date for the verification.

(B) The first of the month following the date the verification is received by the Department, if received after the verification due date.

(3) In the OSIPM and QMB programs, the effective date for increases resulting from reported changes is determined as follows:

(a) If, based on the reported change, the individual is determined eligible for a new program with a higher benefit level, the effective date for the new program is determined in accordance with OAR 461-180-0090.

(b) For changes in income or increased deductions due to changes to an individual’s marital status or number of eligible dependents that reduce patient liability under OAR 461-160-0610 or the OSIPM-EPD participant fee (see OAR 461-001-0035), the effective date is the first of the month in which the change is reported or discovered.

(c) For medical costs allowed in accordance with OAR 461-160-0030 that reduce thepatient liability or participant fee :

(A) One-time and ongoing costs that have already been paid when the change is reported are allowed in the month they are reported.

(B) For one-time and ongoing costs that have been incurred but not paid, the change is effective the month the individual reports they paid the cost or began making payments.

(d) When the decrease in patient liability is caused by a higher maintenance standard due to a change in service setting, the effective date is the date the individual moves into the new service setting.

(e) When a decrease in patient liability is caused by a change in income and a change in service setting that occurs in the same month, the effective date is the day the individual moves into the new service setting.

(f) When the decrease in participant fee is caused by a higher maintenance standard due to a change in service setting or a combination of a higher maintenance standard and another change that is reported or discovered in the same month, the effective date is the first of the month the individual moves into the new service setting.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.706, 411.816, 412.014, 412.049, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 411.404, 411.706, 411.816, 412.014 & 412.049
SSP 20-2023, amend filed 06/22/2023, effective 07/01/2023
SSP 70-2021, minor correction filed 12/14/2021, effective 12/14/2021
SSP 21-2020, amend filed 07/08/2020, effective 07/08/2020
SSP 15-2019, amend filed 06/11/2019, effective 07/01/2019
SSP 28-2018, amend filed 09/06/2018, effective 10/01/2018
SSP 22-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 15-2018, temporary amend filed 03/28/2018, effective 04/01/2018 through 09/20/2018
SSP 11-2018, amend filed 03/09/2018, effective 04/01/2018
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 32-2010, f. & cert. ef. 10-1-10
SSP 28-2009, f. & cert. ef. 10-1-09
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08
SSP 10-2007, f. & cert. ef. 10-1-07
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05
AFS 13-2002, f. & cert. ef. 10-1-02
AFS 13-1994, f. & cert. ef. 7-1-94
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-180-0030 Effective Dates; Changes in Income or Income Deductions that Cause Reductions

For all cases except those assigned to the SRS or TBA reporting systems, this rule is used to determine the effective date when changes in income or income deductions cause a decrease in benefits. The effective date for reducing benefits is the first day of the month following the month in which the notice period (see OAR 461-175-0050) ends.

History

Statutory/Other Authority: ORS 411.060, 411.404, 411.816, 412.014 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.404, 411.816, 412.014 & 412.049
SSP 32-2010, f. & cert. ef. 10-1-10
SSP 28-2009, f. & cert. ef. 10-1-09
SSP 20-2003, f. & cert. ef. 8-15-03
SSP 13-2003, f. 6-12-03, cert. ef. 6-16-03
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-180-0040 Effective Dates; Special and Service Needs

(1) The effective date for a special need is the later of the following:

(a) The date of request (see OAR 461-115-0030) for the special need item; or

(b) The effective date for OSIPM.

(2) The effective date for in-home services (see OAR 411-030-0020) and independent choices program (ICP) benefits (see OAR 411-030-0020) is determined as follows:

(a) For individuals currently receiving Medicaid OHP Plus benefits, the effective date is the later of the following:

(A) The date of request for in-home services or ICP.

(B) The date the individual meets all eligibility requirements for in-home services or ICP in accordance with OAR 411-030-0040.

(b) For individuals not already receiving Medicaid OHP Plus benefits, the effective date is the later of the following:

(A) The effective date of the Medicaid OHP Plus benefit package (see OAR 411-015-0015).

(B) The date of the initial assessment.

(C) The date the individual meets all eligibility requirements for in-home services or ICP in accordance with OAR 411-030-0040.

(D) The expiration date of a disqualification period resulting from a transfer of assets (see OAR 461-140-0296).

(3) The effective date for Title XIX services in a licensed community-based setting or Medicaid-certified nursing facility is the later of the following:

(a) The date of request for services.

(b) The date the individual begins residing in the community-based setting or nursing facility.

(d) The expiration date of a disqualification period resulting from a transfer of assets (see OAR 461-140-0296).

(4) The effective date for a reduction or termination in services is the later of the following:

(a) The end of the timely continuing benefit decision notice (see OAR 461-001-0000) notice period under OAR 461-175-0050; and

(b) The termination date of a service plan.

(5) The effective date for a reduction or termination of an on-going special need is the end of the timely continuing benefit decision notice, notice period under OAR 461-175-0050.

History

Statutory/Other Authority: ORS 411.060, 409.050, 411.404, 413.085 & 414.685
Statutes/Other Implemented: ORS 411.060, 409.010 & 411.404
SSP 27-2021, amend filed 03/24/2021, effective 04/01/2021
SSP 37-2020, temporary amend filed 10/16/2020, effective 10/16/2020 through 04/13/2021
SSP 15-2019, amend filed 06/11/2019, effective 07/01/2019
SSP 34-2016, f. 9-30-16, cert. ef. 10-1-16
SSP 17-2008, f. & cert. ef. 7-1-08
SSP 4-2005, f. & cert. ef. 4-1-05
SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05
AFS 6-2001, f. 3-30-01, cert. ef. 4-1-01
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-180-0044 Effective Dates; Income Cap Trust

The effective date for an income cap trust that makes a client income-eligible for long term care or home and community-based care (see OAR 461-001-0030) under 461-135-0750 and 461-145-0540(9)(c) is the first day of the month in which the trust document is signed.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060
SSP 28-2023, minor correction filed 07/18/2023, effective 07/18/2023
SSP 26-2013, f. & cert. ef. 10-1-13
SSP 17-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
SSP 16-2006(Temp), f. 12-29-06, cert. ef. 1-1-07 thru 3-31-07
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06

Or. Admin. R. 461-180-0050 Effective Dates; Suspending or Closing Benefits and JOBS and REP Support Service Payments

(1) This rule explains the effective date for closing or suspending benefits for the entire benefit group (see OAR 461-110-0750) and the effective date for ending Job Opportunity and Basic Skills (JOBS) and Refugee Employment Program (REP) support service payments.

(2) In all programs, upon the death of the only individual in a benefit group , the effective date of the closure is:

(a) In the Refugee Assistance (REF), Supplemental Nutrition Assistance Program (SNAP), and Temporary Assistance for Needy Families (TANF) program, the last day of the month in which the death occurred.

(b) In all other programs, the date of the death.

(3) For all closures and suspensions not covered by section (2) of this rule, the effective date is determined as follows:

(a) When prospective eligibility is used, the effective date for closing or suspending benefits is the last day of the month in which the notice period ends.

(b) For a pregnant individual receiving benefits of the Oregon Supplemental Income Program Medical (OSIPM), the effective date for closing benefits is no earlier than the last day of the calendar month in which the 60th day after the last day of pregnancy falls, except at the individual's request.

(c) For an individual who is receiving medical assistance and becomes incarcerated, the effective date for suspending medical benefits is the day following the date on which the individual becomes incarcerated.

(d) The effective date for ending support service payments authorized under OAR 461-190-0211 is the earlier of the following:

(A) The date the related JOBS activity is scheduled to end.

(B) The date the individual no longer meets the requirements of OAR 461-190-0211.

(e) The effective date for ending support service payments authorized under OAR 461-190-0215 is the earlier of the following:

(A) The date the related REP activity is scheduled to end.

(B) The date the individual no longer meets the requirements of OAR 461-190-0215.

(f) For Medicare Savings Programs (see OAR 461-001-0000), notwithstanding any other provision in Chapter 461, benefits can be closed retroactively if the individual became disenrolled from Medicare. The effective date is the end of the month prior to the month the individual was disenrolled.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.706, 411.816, 412.006 & 412.009
Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 411.404, 411.706, 411.816, 412.014, 412.049 & 45 CFR 400
SSP 29-2025, amend filed 12/29/2025, effective 01/01/2026
SSP 54-2024, amend filed 09/27/2024, effective 10/01/2024
SSP 20-2023, amend filed 06/22/2023, effective 07/01/2023
SSP 58-2022, amend filed 12/22/2022, effective 01/01/2023
SSP 21-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 44-2016, f. 12-7-16, cert. ef. 1-1-17
SSP 15-2016, f. & cert. ef. 4-1-16
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 35-2011, f. 12-27-11, cert. ef. 1-1-12
SSP 26-2011(Temp), f. 9-30-11, cert. ef. 10-1-11 thru 3-29-12
SSP 18-2010, f. & cert. ef. 7-1-10
SSP 5-2010, f. & cert. ef. 4-1-10
SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05
SSP 23-2004(Temp), f. & cert. ef. 10-1-04 thru 12-31-04
SSP 18-2004, f. & cert. ef 7-12-04
SSP 17-2004, f. & cert. ef. 7-1-04
AFS 36-1996, f. 10-31-96, cert. ef. 11-1-96
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-180-0060 Effective Dates; Denial of Benefits

The effective date for denying benefits is the date the decision is made that the client is not eligible.

History

Statutory/Other Authority: ORS 411.060, 411.404, 411.816, 412.014, 412.049, 329A.500, 409.050, 413.085 & 414.685
Statutes/Other Implemented: ORS 411.060, 411.404, 411.816, 412.014, 412.049, 329A.500 & 409.010
SSP 8-2019, amend filed 03/13/2019, effective 04/01/2019
AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-180-0065 Effective Dates; Ending Disqualifications

(1) The effective date for ending a JOBS disqualification or a disqualification related to diagnosis, counseling, or treatment for substance abuse or mental health is;

(a) The date the client meets the requirements for ending the JOBS disqualification (see OAR 461-130-0335); or

(b) The date the client meets the requirements for ending the disqualification for failure to comply with OAR 461-135-0085(1) (see OAR 461-135-0089).

(2) In the OSIPM program, the effective date for ending the disqualification for failing to enroll in cost-effective, employer-sponsored health insurance is the date the client provides verification of enrollment during the open enrollment period.

(3) In the SNAP program, the effective date for ending an employment program disqualification is the date the client fulfills the requirements to end the disqualification or the first of the month following the minimum disqualification period, whichever occurs later (see OAR 461-180-0010 regarding the effective date for adding a person to an open case).

(4) For an IPV disqualification, the disqualification ends the day after the minimum disqualification period ends, if there is no additional IPV disqualification to be served and all eligibility requirements are met.

(5) For all other disqualifications in the TANF program, the disqualification ends whenever the client agrees to cooperate.

(6) For other disqualifications in the SNAP program, the disqualification ends at the end of the disqualification period.

(7) In the REF program, a disqualification ends at the end of the disqualification period.

History

Statutory/Other Authority: ORS 329A.500, 409.050, 411.060, 411.816, 412.006, 412.009, 412.049, 413.085 & 414.685
Statutes/Other Implemented: ORS 329A.500, 409.010, 411.060, 411.816, 412.006, 412.009 & 412.049
SSP 21-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 22-2004, f. & cert. ef. 10-1-04
AFS 12-2001, f. 6-29-01, cert. ef. 7-1-01
AFS 11-1999, f. & cert. ef. 10-1-99
AFS 17-1998, f. & cert. ef. 10-1-98
AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 6-1994, f. & cert. ef. 4-1-94
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92
AFS 26-1990, f. & cert. ef. 11-29-90
AFS 22-1990(Temp), f. 9-28-90, cert. ef. 10-1-90

Or. Admin. R. 461-180-0070 Effective Dates; Initial Month Benefits

(1) In the EA program, the effective date for opening the case is the day benefits are issued to the benefit group (see OAR 461-110-0750). For a benefit group whose only eligible child is an unborn, the effective date cannot be earlier than the first day of the calendar month preceding the month in which the due date falls.

(2) In the GA program, the effective date for the initial month (see OAR 461-001-0000) of benefits is –

(a) For individuals who filed an application for Supplemental Security Income (SSI) benefits prior to applying for GA benefits, the date the individual completes the GA application process and meets all eligibility requirements under OAR 461-135-0700.

(b) For individuals who did not file an application for SSI benefits prior to applying for GA benefits, the first of the month following the date the individual completes the GA application process and meets all eligibility requirements under OAR 461-135-0700.

(3) In the OSIP program, the effective date for the initial month of benefits is whichever of the following occurs first:

(a) The date an individual requests benefits, if the individual was eligible as of that date.

(b) The date all eligibility requirements are met.

(4) In the REF program, when a filing group (see OAR 461-110-0430) makes an initial application, the effective date for starting benefits is:

(a) If all eligibility requirements, including an interview, are completed by the 30th day from the filing date (see OAR 461-115-0040), the effective date for starting benefits is the filing date .

(b) If all eligibility requirements are not met by the 30th day from the filing date , a new filing date must be established.

(5) In the TANF program, when a filing group (see OAR 461-110-0330) makes an initial application or applies after the end of the certification period (see OAR 461-001-0000), the effective date for starting TANF benefits is one of the following:

(a) Except as provided in subsections (b) to (d) of this section, if all eligibility requirements, including a TANF interview, are completed by the 30th day from the filing date , the effective date for starting benefits is the filing date . If all eligibility requirements are not met by the 30th day from the filing date ,a new filing date must be established.

(b) If the only eligible child is an unborn, the effective date may not be earlier than the first day of the calendar month prior to the month in which the due date falls.

(c) For an individual in the Pre-TANF program, the effective date for the initial month of benefits is the date the Pre-TANF program ends as provided in OAR 461-135-0475.

(d) For a JOBS support service payment, the effective date is the date the individual meets all eligibility requirements in OAR 461-190-0211.

(6) In the SFPSS program, when moving a TANF program recipient to SFPSS, the effective date for the initial month of SFPSS program benefits is:

(a) Except as provided in subsection (b) of this section, the first of the month following the day all eligibility requirements are met and verified.

(b) If the day all eligibility requirements are met and verified falls after the "compute deadline," the initial month of SFPSS program benefits will be the first of the month following the month after "compute deadline." For purposes of this rule, "compute deadline" means the Department computer system monthly deadline after which changes will not take effect until the month following the first of the next month.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.706, 411.878, 412.006, 412.014, 412.049, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.050, 411.060, 411.070, 411.404, 411.706, 411.878, 412.006, 412.014, 412.049, 413.085, 414.685, ORS 409.010, 411.081, 411.087 & 412.064
SSP 20-2023, amend filed 06/22/2023, effective 07/01/2023
SSP 27-2021, amend filed 03/24/2021, effective 04/01/2021
SSP 33-2017, amend filed 12/08/2017, effective 01/01/2018
SSP 22-2017, f. 9-8-17 & cert. ef. 10-1-17
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 28-2015, f. 9-29-15, cert. ef. 10-1-15
SSP 22-2015(Temp), f. & cert. ef. 7-23-15 thru 1-18-16
SSP 17-2015, f. & cert. ef. 6-30-15
SSP 8-2013, f. & cert. ef. 4-1-13
SSP 35-2011, f. 12-27-11, cert. ef. 1-1-12
SSP 26-2011(Temp), f. 9-30-11, cert. ef. 10-1-11 thru 3-29-12
SSP 5-2009, f. & cert. ef. 4-1-09
SSP 23-2008, f. & cert. ef. 10-1-08
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08
SSP 21-2004, f. & cert. ef. 10-1-04
SSP 17-2004, f. & cert. ef. 7-1-04
SSP 33-2003, f. 12-31-03, cert. ef. 1-4-04
CWP 37-2003(Temp), f. 10-31-03, cert. ef. 11-1-03 thru 4-28-04
SSP 7-2003, f. & cert. ef. 4-1-03
AFS 19-2001, f. 8-31-01, cert. ef. 9-1-01
AFS 17-2000, f. 6-28-00, cert. ef. 7-1-00
AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00
AFS 8-1998, f. 4-28-98, cert. ef. 5-1-98
AFS 9-1997, f. & cert. ef. 7-1-97
AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97
AFS 36-1996, f. 10-31-96, cert. ef. 11-1-96
AFS 26-1996, f. 6-27-96, cert. ef. 7-1-96
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-180-0080 Effective Dates; Initial Month SNAP Benefits

In the SNAP program:

(1) Except as provided in section (2) of this rule, for a filing group making an initial application or applying after the end of its certification period, the effective date for starting benefits is the filing date (see OAR 461-115-0050 and 461-115-0210), as long as all eligibility requirements are met on the filing date. If all eligibility requirements are not met on the filing date, the effective date is the date all eligibility requirements are met.

(2) For migrant and seasonal farmworkers that received SNAP benefits in another state the month before applying for SNAP in Oregon, the effective date for starting benefits is the first of the month.

(3) If a filing group is applying for benefits during the last two months of a certification period, the effective date is the first of the month following the end of the certification period, unless the filing group fails to complete the application process within the time frames listed in OAR 461-115-0210.

History

Statutory/Other Authority: ORS 411.816
Statutes/Other Implemented: ORS 411.816
SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06
AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97
AFS 32-1996(Temp), f. & cert. ef. 9-23-96
AFS 41-1995, f. 12-26-95, cert. ef. 1-1-96
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 19-1994, f. & cert. ef. 9-1-94
AFS 8-1992, f. & cert. ef. 4-1-92
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-180-0081 Effective Dates; Cases Receiving Transitional Benefit Alternative (TBA)

(1) The effective date for starting TBA benefits is the first day of the month after the TBA notice is mailed. The effective date cannot precede the date the Department has determined the client is no longer eligible for TANF.

(2) Once a household begins to receive TBA benefits, the benefits are not changed until the end of the TBA period except that TBA benefits will be changed appropriately if a member of the household:

(a) Leaves the household and applies for SNAP benefits as a member of another household; or

(b) Becomes ineligible for TBA per OAR 461-135-0506.

History

Statutory/Other Authority: ORS 411.816
Statutes/Other Implemented: ORS 411.816
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08
SSP 13-2003, f. 6-12-03, cert. ef. 6-16-03

Or. Admin. R. 461-180-0083 Effective Dates; Other Changes That Cause Increases; OSIPM and QMB

(1) In the OSIP, OSIPM, and QMB programs, this rule is used to determine the effective date when reported changes, other than changes in income or income deductions, cause an increase in benefits. See OAR 461-180-0020 for information about changes in income and income deductions that cause increases.

(2) The effective date is determined in accordance with OAR 461-180-0090 if a current recipient of OSIPM or QMB program benefits is determined eligible for a new program with a higher benefit level due to any of the following factors:

(a) Changes to the number in the need group (see OAR 461-110-0630).

(b) Changes to the amount of countable (see OAR 461-001-0000) resources.

(d) Changes to service eligibility.

(3) If a current OSIPM recipient is determined eligible for a higher benefit level due to pregnancy, the effective date is the first day of the month in which the pregnancy was reported.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.706, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 411.404 & 411.706
SSP 50-2023, amend filed 11/30/2023, effective 12/01/2023
SSP 24-2023, temporary amend filed 07/01/2023, effective 07/01/2023 through 12/27/2023
SSP 19-2022, minor correction filed 02/16/2022, effective 02/16/2022
SSP 45-2020, amend filed 12/22/2020, effective 01/01/2021
SSP 28-2018, adopt filed 09/06/2018, effective 10/01/2018

Or. Admin. R. 461-180-0085 Effective Dates; Redeterminations of OSIPM and QMB

In the OSIPM and QMB programs, when the Department initiates a redetermination of eligibility (see OAR 461-001-0000):

(1) Prior to reducing or ending medical benefits:

(a) The Department must review each individual in the filing group (see OAR 461-110-0410) for eligibility for the other medical programs listed in this rule; and

(b) The Oregon Health Authority or the Department must review the individual for Medicaid eligibility under MAGI rules (OAR 410-200).

(2) If additional information is needed to redetermine eligibility, members of the benefit group (see OAR 461-110-0750) who may be eligible for the other programs listed in this rule remain eligible from the date the review is initiated until the Department or the Oregon Health Authority determines their eligibility in accordance with the application processing time frames in OAR 410-200-0110.

History

Statutory/Other Authority: ORS 409.050, 411.060 & 411.404
Statutes/Other Implemented: ORS 409.010, 411.060 & 411.404
SSP 40-2016, f. & cert. ef. 11-1-16
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 35-2011, f. 12-27-11, cert. ef. 1-1-12
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
SSP 29-2009(Temp), f. & cert. ef. 10-1-09 thru 3-30-10
SSP 14-2007, f. 12-31-07, cert. ef. 1-1-08
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
SSP 9-2006(Temp), f. & cert. ef. 6-1-06 thru 9-30-06
SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05

Or. Admin. R. 461-180-0090 Effective Dates; Initial Month Medical Benefits

The effective date for starting medical benefits for an eligible client is as follows:

(1) In the OSIPM and QMB-DW programs:

(a) Except as provided for in subsections (b) to (h) of this section:

(A) If the client meets all eligibility requirements on the date of request (see OAR 461-115-0030), it is the first day of the month that includes the date of request. An OSIPM program client who is assumed eligible under OAR 461-135-0010(5) meets "all eligibility requirements" for the purposes of this section as follows:

(i) Effective the first day of the month of the initial SSI payment if the client is age 21 or older.

(ii) Effective the first day of the month prior to the month of the initial SSI payment if the client is under the age of 21.

(B) If the client does not meet all eligibility requirements on the date of request, but meets all requirements after the date of request, within the application processing time frames of OAR 461-115-0190, it is the first day of the month that includes the date that all eligibility requirements are met.

(b) If the client does not complete the application within the time period described in OAR 461-115-0190 (including the authorized extension), the determination of an effective date requires a new date of request.

(c) Except as provided for in subsections (d) and (e) of this section, for a new applicant who is a resident of a public institution (see OAR 461-135-0950) on any day of the month during the month that the applicant is determined to meet all eligibility requirements, the effective date is determined in accordance with subsections (a) and (b) of this section, except that coverage is not in effect for any day during the month that the applicant is a resident of a public institution other than the date of incarceration and the date of release.

(d) The effective date for a resident of a public institution meeting the requirements of OAR 461-135-0950 regarding applications received by individuals with a serious mental illness is determined in accordance with OAR 461-135-0950.

(e) The effective date for an individual meeting the eligibility requirements of OAR 461-135-0950 regarding residents of a state psychiatric institution is the date that all eligibility requirements are met, including other chapter 461 eligibility requirements, if those requirements are met within the application processing time frames of OAR 461-115-0190. Otherwise the requirements of subsection (b) of this section apply.

(f) The effective date for a resident of a public institution with suspended benefits that will be reinstated is determined in accordance with OAR 461-135-0950. If benefits will not be reinstated the resident of a public institution is considered a new applicant and the effective date is determined in accordance with subsection (c) of this section.

(g) The effective date for a new applicant who is receiving Medicaid in another state on the date of request, but meets the requirements of OAR 461-165-0030 regarding receipt of medical benefits in another state is:

(A) The date of request if all eligibility requirements are met on the date of request or after the date of request, but during the month that includes the date of request.

(B) If all eligibility requirements are not met during the month that includes the date of request the effective date is determined in accordance with paragraph (1)(a)(B) and subsection (b) of this section.

(h) The effective date for an applicant receiving Medicaid in another state prior to the date of request, but during the month that includes the date of request, is the day following the day that Medicaid benefits end in the other state if all eligibility requirements are met during the month that includes the date of request. If all requirements are not met in the month that includes the date of request the effective date is determined in accordance with paragraph (1)(a)(B) and subsection (b) of this section.

(2) In the OSIPM program, if an individual has been released from a correctional institution and is determined eligible for OSIPM, the effective date of beginning the individual’s medical assistance is the date the individual is released from the correctional facility or the date the individual begins the period of hospitalization outside of the correctional facility.

(3) In the QMB-BAS program, it is the first of the month after the benefit group (see OAR 461-110-0750) has been determined to meet all QMB-BAS program eligibility criteria and the Department receives the required verification.

(4) In the QMB-SMB and QMB-SMF programs, it is:

(a) The first of the month in which the benefit group meets all program eligibility criteria and the Department receives the required verification; or

(b) The first of the month in which the Low Income Subsidy (LIS) information is received by the Social Security Administration (SSA), if the SMB or SMF program application was generated by the electronic transmission of LIS data from the SSA and the benefit group meets all program eligibility criteria.

(5) In the REFM program:

(a) Except as provided in subsection (b) of this section:

(A) If the individual meets all eligibility requirements on the date of request (see OAR 461-115-0030), it is the date of request.

(B) If the individual does not meet all eligibility requirements on the date of request, it is the first day following the date of request that all eligibility requirements are met.

(b) If the individual does not complete the application within the time period described in OAR 461-115-0190 (including the authorized extension), the determination of an effective date requires a new date of request.

(6) Retroactive eligibility is authorized under certain circumstances in some medical programs (see paragraph (1)(a)(A) of this rule, OAR 461-135-0875, and 461-180-0140).

History

Statutory/Other Authority: ORS 409.010, 409.050, 411.060, 411.070, 411.404, 411.704, 411.706, 413.085, 414.685 & 414.839
Statutes/Other Implemented: ORS 409.010, 409.050, 411.060, 411.070, 411.404, 411.439, 411.447, 411.704, 411.706, 413.085, 414.685 & 414.839
SSP 38-2021, minor correction filed 07/06/2021, effective 07/06/2021
SSP 23-2017, f. 9-11-17, cert. ef. 10-1-17
SSP 17-2017(Temp), f. 6-28-17, cert. ef. 7-1-17 thru 12-27-17
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 13-2016, f. 3-21-16, cert. ef. 4-1-16
SSP 4-2016(Temp), f. & cert. ef. 1-22-16 thru 6-11-16
SSP 32-2015(Temp), f. & cert. ef. 12-15-15 thru 6-11-16
SSP 15-2014, f. & cert. ef. 7-1-14
SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 28-2013(Temp), f. & cert. ef. 10-1-13 thru 1-28-14
SSP 19-2013(Temp), f. 7-31-13, cert. ef. 8-1-13 thru 1-28-14
SSP 32-2010, f. & cert. ef. 10-1-10
SSP 20-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10
SSP 18-2010, f. & cert. ef. 7-1-10
SSP 1-2010(Temp), f. & cert. ef. 1-26-10 thru 6-30-10
SSP 39-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
SSP 29-2009(Temp), f. & cert. ef. 10-1-09 thru 3-30-10
SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09
SSP 10-2007, f. & cert. ef. 10-1-07
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 7-2005, f. & cert. ef. 7-1-05
SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05
SSP 17-2004, f. & cert. ef. 7-1-04
SSP 23-2003, f. & cert. ef. 10-1-03
SSP 5-2003, f. 2-26-03, cert. ef. 3-1-03
AFS 5-2000, f. 2-29-00, cert. ef. 3-1-00
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 1-1993, f. & cert. ef. 2-1-93
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-180-0100 Effective Dates; Eligibility Following Closure

The new effective date of eligibility following closure of benefits or following the end of a certification period is determined as follows:

(1) In the SNAP program, see OAR 461 115 0450.

(2) In the REF and TANF programs:

(a) Eligibility starts on the date provided by OAR 461-180-0070 for REF and TANF unless the applicant meets the requirements of subsection (b) of this section.

(b) Eligibility starts the first day of the month following closure if:

(A) The applicant contacts the Department during the month of closure; and

(B) Submits to the Department a complete application not later than the end of the month following closure.

(3) In all programs other than the REF, SNAP, and TANF programs:

(a) If the individual completes the application process within the applicable time period described in chapter 461 of the Oregon Administrative Rules, eligibility starts on the first day of the month following closure if the filing group meets all eligibility requirements on that date and if:

(A) The filing group established a date of request (see OAR 461-115-0030) prior to closure; or

(B) The Department initiated a redetermination of eligibility prior to closure.

(b) If the individual does not complete the application process within the time period described in chapter 461 of the Oregon Administrative Rules, the determination of an effective date requires a new date of request .

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.404, 411.816, 412.014 & 412.049
Statutes/Other Implemented: ORS 409.010, 411.060, 411.404, 411.816, 412.014 & 412.049
SSP 20-2023, amend filed 06/22/2023, effective 07/01/2023
SSP 21-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 37-2012, f. 12-28-12, cert. ef. 1-1-13
SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06
SSP 4-2005, f. & cert. ef. 4-1-05
SSP 1-2003, f. 1-31-03, cert. ef. 2-1-03
AFS 6-2001, f. 3-30-01, cert. ef. 4-1-01
AFS 17-1998, f. & cert. ef. 10-1-98
AFS 40-1995, f. 12-26-95, cert. ef. 1-1-96
AFS 13-1995, f. 6-29-95, cert. ef. 7-1-95

Or. Admin. R. 461-180-0105 Effective Dates; Reductions Delayed Pending a Hearing Decision

(1) If a proposed reduction or closure of benefits or a proposed disqualification arising out of an employment program is delayed because the client requested a hearing, the proposed action takes effect in accordance with sections (2) and (3) of this rule.

(2) A disqualification is effective in the following programs on the first day of the month following issuance of a final order upholding the disqualification:

(a) In the JOBS, JOBS Plus, and REP programs.

(b) In the SNAP program, if the disqualification is a result of any of the following:

(A) A job quit.

(B) Failure to comply with a requirement in OAR 461-130-0320.

(3) All other reductions or closures are effective in accordance with the notice that precipitated the appeal.

History

Statutory/Other Authority: ORS 329A.500, 409.050, 411.060, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.685
Statutes/Other Implemented: ORS 329A.500, 409.010, 411.060, 411.404, 411.816, 412.014 & 412.049
SSP 21-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 33-2003, f. 12-31-03, cert. ef. 1-4-04
SSP 31-2003(Temp), f. & cert. ef. 12-1-03 thru 12-31-03
AFS 10-2002, f. & cert. ef. 7-1-02
AFS 17-1998, f. & cert. ef. 10-1-98
AFS 40-1995, f. 12-26-95, cert. ef. 1-1-96
AFS 13-1995, f. 6-29-95, cert. ef. 7-1-95

Or. Admin. R. 461-180-0110 Effective Dates; Reimbursement of Employer-Sponsored Health Insurance Premiums

The effective date for starting reimbursement of cost-effective employer-sponsored health insurance premiums per OAR 461-135-0990 is one of the following:

(1) For new cases, the later of the following:

(a) The date of request; or

(b) If no member of the filing group is eligible for medical on the date of request, the date of initial medical eligibility.

(2) For ongoing cases, the later of the following:

(a) The first of the month in which the insurance becomes effective; or

(b) The first of the month in which the benefit group requests reimbursement.

History

Statutory/Other Authority: ORS 411.060 & 411.070
Statutes/Other Implemented: ORS 411.060
AFS 8-1992, f. & cert. ef. 4-1-92
AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92
AFS 26-1990, f. & cert. ef. 11-29-90
AFS 22-1990(Temp), f. 9-28-90, cert. ef. 10-1-90

Or. Admin. R. 461-180-0120 Effective Dates; Removing an Individual

The effective date for removing an individual from a benefit group (see OAR 461-110-0750) is one of the following:

(1) If the individual has left the benefit group in the current budget month because they are ineligible, disqualified, or have left the household, the effective date is:

(a) The first of the month after the notice period (see OAR 461-175-0050) ends, if the change will reduce benefits.

(b) The last day of the month in which the notice period ends, if the change will end benefits.

(2) If the individual is reasonably expected to leave the household next month, the effective date is the later of the following:

(a) The first of the month following the month in which the individual leaves the household group (see OAR 461-110-0210), if the change will reduce benefits.

(b) The end of the month in which the individual is expected to leave the household group , if the change will end benefits.

(3) Upon the death of an individual in a benefit group of more than one individual, the effective date of the closure or reduction in benefits is one of the following:

(a) In the REF, REFM, SNAP, and TANF programs, the last day of the month in which the notice period of the timely continuing benefit decision notice (see OAR 461-001-0000) ends under OAR 461-175-0050.

(b) For all programs not covered by subsection (a) of this section, the date of the individual's death.

History

Statutory/Other Authority: 409.050, 411.060, 411.070, 411.404, 411.706, 411.816, 412.014, 412.049, 413.085, 414.231, 414.685 & 414.826
Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 411.404, 411.706, 411.816, 412.014, 412.049, 414.231 & 414.826
SSP 20-2023, amend filed 06/22/2023, effective 07/01/2023
SSP 26-2021, amend filed 03/24/2021, effective 04/01/2021
SSP 37-2020, temporary amend filed 10/16/2020, effective 10/16/2020 through 04/13/2021
SSP 21-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 32-2010, f. & cert. ef. 10-1-10
SSP 18-2010, f. & cert. ef. 7-1-10
SSP 28-2009, f. & cert. ef. 10-1-09
SSP 17-2004, f. & cert. ef. 7-1-04
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 21-1993, f. & cert. ef. 10-12-93
AFS 13-1993(Temp), f. & cert. ef. 7-1-93
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 8-1992, f. & cert. ef. 4-1-92
AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92
AFS 23-1990, f. 9-28-90, cert. ef. 10-1-90
AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-180-0130 Effective Dates; Restored Benefits

(1) The effective date for restoring benefits that were underpaid (including erroneous collections of overpayments) or denied or closed in error is set as follows:

(a) Except as provided in subsections (b) and (c) of this section, in all programs except the SNAP program, for underpayments resulting from administrative error, the effective date is the date the error was made.

(b) In all programs except as provided in subsection (c) of this section, benefits may be restored only for the preceding 12 months.

(c) JPI benefits may be restored only for the preceding four months and not to a date earlier than the individual is eligible under OAR 461-135-1260.

(d) In all programs except the SNAP program, for underpayments resulting from client error, the effective date is the earliest of the following:

(A) The month the benefit group (see OAR 461-110-0750) notifies the branch office (see OAR 461-001-0000) of the possible loss.

(B) The month the branch office discovers the loss.

(2) In the SNAP program, for underpayments resulting from administrative error, benefits are restored for not more than twelve months prior to whichever of the following occurs first:

(a) The date the benefit group notifies the branch office of the possible loss.

(b) The date the branch office discovers the loss.

(3) In the SNAP program, benefits are not restored for underpayments resulting from client error.

(4) The effective date for restoring benefits that have been suspended is:

(a) For individuals whose medical assistance is suspended because they are a resident of a public institution, see OAR 461-135-0950(8).

(b) When subsection (a) of this section does not apply:

(A) The first of the month after the suspension, if suspension was for only one month; or

(B) The date the benefit group again becomes eligible, if benefits have been suspended for more than 30 days. The Department treats the month in which benefits are restored as an initial month (see OAR 461-001-0000).

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.816, 412.014, 412.049 & 414.231
Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 411.404, 411.439, 411.816, 412.014, 412.049 & 414.231
SSP 21-2023, amend filed 06/22/2023, effective 07/01/2023
SSP 30-2012, f. 9-28-12, cert. ef. 10-1-12
SSP 20-2012(Temp), f. 5-23-12, cert. ef. 5-24-12 thru 11-20-12
SSP 9-2012, f. 3-29-12, cert. ef. 4-1-12
SSP 33-2011(Temp), f. & cert. ef. 12-27-11 thru 6-24-12
SSP 32-2011, f. & cert. ef. 12-27-11
SSP 28-2011(Temp), f. 9-30-11, cert. ef. 10-1-11 thru 12-26-11
SSP 15-2011(Temp), f. & cert. ef. 6-29-11 thru 12-26-11
SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06
SSP 7-2005, f. & cert. ef. 7-1-05
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-180-0135 Effective Dates; Restoring SNAP Benefits for ABAWD Following Counting Month (Not Regaining)

(1) In the SNAP program, benefits may be restored effective the first of the month when SNAP benefits for an ABAWD (see OAR 461-135-0520) end following the third countable month when all of the following requirements are met:

(a) Benefits ended as of the last calendar day of the prior month or were reduced as of the first day of the current month.

(b) The reason for the closure or reduction was the ABAWD lost eligibility (see OAR 461-001-0000) due to the SNAP time limit in OAR 461-135-0520.

(c) The client contacted the Department within the first calendar month following the closure or reduction and provided information that the client met one of the following in at least one of the first three countable months (see OAR 461-135-0520):

(A) An exemption in OAR 461-130-0310(3)(a).

(B) The work requirements in OAR 461-135-0520(3)(d) or (e).

(d) There is at least one month remaining in the certification period (see OAR 461-001-0000).

(2) This policy does not include regaining eligibility (see OAR 461-135-0520(5)) or to the month following closure or reduction following receipt of six countable months or any month thereafter.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070 & 411.816
Statutes/Other Implemented: ORS 409.010, 409.050, 411.060, 411.070, 411.816, 411.825 & 411.837
SSP 34-2017, amend filed 12/18/2017, effective 01/01/2018
SSP 23-2016, f. 6-28-16, cert. ef. 7-1-16
SSP 14-2016(Temp), f. 3-24-16, cert. ef. 4-1-16 thru 9-27-16

Or. Admin. R. 461-180-0140 Effective Dates; Retroactive Medical Benefits

(1) In the OSIPM program:

(a) If an applicant requests and is eligible for retroactive medical benefits, the earliest date the applicant may be eligible is the first day of the third month before the month that includes the date of request (see OAR 461-115-0030). For example, if the applicant requests benefits on July 10th, eligibility may begin as early as April 1.

(b) Except as provided for in subsections (c) and (d) of this section, after the earliest date is established, eligibility is determined on a month-by-month basis. The period starts on the earliest established date and ends on the last day of the month prior to the month that includes the date of request. For example, if the applicant requests benefits on August 10th, the earliest date is May 1. Eligibility is established separately for May 1 through May 31, June 1 through June 30, and July 1 through July 31.

(c) Retroactive eligibility is not available for any period that an individual is a resident of a public institution (see OAR 461-135-0950) except for the date of incarceration and the date of release, unless coverage would be available under OAR 461-135-0950 while a resident of a public institution .

(d) The earliest effective date of retroactive eligibility for an individual who was receiving medical benefits in another state during the retroactive period is the day following the date that benefits end in the other state.

(2) If an applicant requests and is eligible for retroactive QMB DW, the earliest date the applicant may be eligible is three months before the date of request.

(3) If a QMB-SMB or QMB-SMF applicant requests and is eligible for retroactive payment of Part B Medicare premiums, the earliest date the applicant may be eligible is three months before the date of request.

(4) If an applicant applying for REFM is eligible for retroactive medical benefits, the earliest the applicant may be eligible is the most recent of the following:

(a) The date the applicant arrived in the United States; or

(b) Three months before the date of request.

History

Statutory/Other Authority: ORS 409.050, 411.060 & 411.404
Statutes/Other Implemented: ORS 409.010, 411.060 & 411.404
SSP 39-2021, minor correction filed 07/06/2021, effective 07/06/2021
SSP 13-2016, f. 3-21-16, cert. ef. 4-1-16
SSP 4-2016(Temp), f. & cert. ef. 1-22-16 thru 6-11-16
SSP 32-2015(Temp), f. & cert. ef. 12-15-15 thru 6-11-16
SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 17-2004, f. & cert. ef. 7-1-04
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 35-1992, f. 12-31-92, cert. ef. 1-1-93
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Division 185 TRUST AND AGENCY (T & A) ACCOUNTS AND CLIENT PAY-IN

Or. Admin. R. 461-185-0010 T & A Overview, When to Use

(1) T&A is a system for handling client funds when the Department is responsible for receiving and disbursing these funds. These accounts are set up when the Department is the client’s representative payee for SSB, SSI, Veterans, or other benefits;

(2) Additionally, Seniors and People with Disabilities may set up an account when any of the following is true:

(a) There is no one available to assist the client and the client understands the need for the account;

(b) The client is not able to manage their income or resources;

(3) Do not set up a T&A account for people who are under age 18.

History

Statutory/Other Authority: ORS 411.060, 411.070, 411.620, 411.630, 411.632, 411.635, 411.640 & 411.816
Statutes/Other Implemented: ORS 411.060
AFS 29-1994, f. 12-29-94, cert. ef. 1-1-95
AFS 6-1994, f. & cert. ef. 4-1-94
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-185-0020 Authorization of T&A

(1) The client, or their guardian or conservator, authorizes establishment of a T&A account on a form prescribed by the Department.

(2) Spouses must each sign the authorization form to have their funds administered in trust.

(3) Clients not able to sign their name may make a mark. Two people must witness the signing and give their addresses.

History

Statutory/Other Authority: ORS 409.050, 411.060 & 411.070
Statutes/Other Implemented: ORS 409.050, 411.060 & 411.070
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-185-0030 Interest Paid on T&A Accounts

Interest earned from investment of T&A account monies will be put into the T&A accounts on a quarterly basis. Interest will be reported in accordance with IRS regulations on a Department form.

History

Statutory/Other Authority: ORS 409.050, 411.060 & 411.070
Statutes/Other Implemented: ORS 409.050, 411.060 & 411.070
AFS 6-1994, f. & cert. ef. 4-1-94
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-185-0050 Patient Liability Pay-In System

(1) The Department ends all provisions in this rule on December 31, 2021.

(2) Except as provided in sections (3) and (4) of this rule, an individual who receives home and community-based care (see OAR 461-001-0030) in-home services and has countable income above the payment standard for the benefit group must pay to the Department the lesser of the following amounts as a condition of being eligible for home and community-based care in-home services:

(a) The individual's adjusted income (see OAR 461-160-0620).

(b) The actual cost of home and community-based care in-home services.

(3) The service liability of individuals in OSIPM-ICP is calculated in accordance with section (2) of this rule. Individuals in OSIPM-ICP do not pay the Department directly. The ICP service payment of these individuals will be reduced by the amount of their liability.

(4) An individual exempt from payments under OAR 461-160-0610 is exempt from the payment required by this rule.

(5) Each month, the Department will send the individual an invoice requesting payment based on the calculation in section (2) of this rule.

(6) Payments must be received by the Department in the month of service.

History

Statutory/Other Authority: ORS 411.060, 411.070 & 411.404
Statutes/Other Implemented: ORS 411.060, 411.070 & 411.404
SSP 34-2022, amend filed 04/28/2022, effective 05/01/2022
SSP 79-2021, temporary amend filed 12/22/2021, effective 01/01/2022 through 06/29/2022
SSP 16-2021, minor correction filed 02/18/2021, effective 02/18/2021
SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 26-2013, f. & cert. ef. 10-1-13
SSP 17-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06
SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05
SSP 8-2005(Temp), f. & cert. ef. 7-1-05 thru 10-1-05
AFS 11-2001, f. 6-29-01, cert. ef. 7-1-01
AFS 29-1994, f. 12-29-94, cert. ef. 1-1-95

Division 190 EMPLOYMENT PROGRAM COMPONENTS

Or. Admin. R. 461-190-0151 Case Planning; JOBS, Pre-TANF, REP, SFPSS, TA-DVS

(1) In the Job Opportunity and Basic Skills (JOBS), Pre-Temporary Assistance for Needy Families (Pre-TANF), Refugee Employment Program (REP), State Family Pre-SSI/SSDI (SFPSS), and Temporary Assistance to Domestic Violence Survivors (TA-DVS) programs:

(a) The Department (see 461-001-0000) and participant develop an individualized case plan that is agreed to by the participant and the Department .

(A) The Department uses proven methods for encouraging the full engagement of participants and the development of the case plan. These proven methods include, but are not limited to, strength-based case management and motivational interviewing.

(B) The case plan may be modified whenever circumstances change.

(b) The case plan --

(A) Is individualized and developed with the participant and in cooperation with appropriate partner agencies or other professionals.

(B) Identifies participant goals and activities (see OAR 461-001-0025) that will help the participant meet those goals.

(i) Activities are based on information obtained in screenings and evaluations and are intended to build on participant strengths.

(ii) Activities promote both family stability and financial independence.

(iii) Activities help reduce or eliminate barriers to self-sufficiency, employment, job retention, wage enhancement, and full participation in the Job Opportunity and Basic Skills (JOBS) program or REP program.

(iv) For a participant who has a disability (see OAR 461-001-0000), the goal of the case plan is to promote greater independence. The case plan may include physical and mental health treatment.

(v) The case plan includes agreed upon support services (see OAR 461-001-0025) needed to enable the participant to successfully complete the case plan.

(vi) The case plan includes identified accommodations or modifications necessary for the participant to successfully complete the case plan.

(c) The participant must inform the Department of any circumstances that may require a change to the provisions of the case plan.

(d) A participant who disagrees with a requirement to comply with any provision of a case plan may seek resolution of the disagreement through the re-engagement process described in OAR 461-190-0231.

(2) In the JOBS program, the case plan (see OAR 461-001-0025) --

(a) Is complete and binding for all core activities (see OAR 461-001-0025) and all non-core activities (see OAR 461-001-0025) once it is signed by a representative of the Department , the participant is informed of its contents, and the participant has been offered a copy of the plan.

(b) Is complete and binding for all non-countable activities when it is signed by a representative of the Department and the participant, and the participant has been offered a copy of the plan.

(3) In the REP program, the case plan is complete and binding once signed by a representative of the Department , the participant is informed of its contents, and the participant has been offered a copy of the plan.

History

Statutory/Other Authority: 411.060, 412.049, ORS 409.050, 411.070, 412.009 & 412.014
Statutes/Other Implemented: 411.060, 412.049, ORS 409.010, 411.070, 412.009, 412.014, 412.072 & 45 CFR 400
SSP 54-2024, amend filed 09/27/2024, effective 10/01/2024
SSP 33-2024, minor correction filed 04/25/2024, effective 04/25/2024
SSP 34-2017, amend filed 12/18/2017, effective 01/01/2018
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08
AFS 12-2001, f. 6-29-01, cert. ef. 7-1-01
AFS 18-1998, f. & cert. ef. 10-2-98
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 1-1993, f. & cert. ef. 2-1-93
AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91
AFS 23-1990, f. 9-28-90, cert. ef. 10-1-90

Or. Admin. R. 461-190-0163 Restrictions on On-the-Job Training, Unpaid Employment, Work Supplementation; JOBS and REP

In the JOBS and REP programs:

(1) The Department may not require a client to participate in an activity (see OAR 461-001-0025) of the OJT (see OAR 461-001-0025), unpaid employment (see OAR 461-001-0025), or work supplementation components (see OAR 461-001-0025) in the following circumstances:

(a) The client would displace a currently employed worker or position or would cause a reduction in regularly scheduled hours, wages or benefits of a current employee.

(b) The assignment would impair an existing contract for services or a collective bargaining agreement.

(c) The employment or assignment occurs at the same time another person is laid off from the same or an equivalent job within the same organizational unit or an employer terminates an employee or reduces its work force by hiring a participant in OJT , unpaid employment , or work supplementation .

(d) The employment or assignment infringes in any way on promotional opportunities of a current employee.

(2) The Department may not require a client to participate in the work supplementation component by filling an established but currently vacant position.

(3) The working conditions for clients participating in the OJT , unpaid employment , and work supplementation components may not violate applicable state and federal health and safety standards or require activities not considered usual and customary in the occupation for which the participant is being trained.

(4) Clients participating in the OJT , unpaid employment, and work supplementation components who are covered by a workers' compensation system are entitled to the same level of benefits under the same conditions as other individuals similarly employed.

(5) Clients in work supplementation not covered by an applicable workers' compensation statute must be provided with equal medical and accident protection for on‑site injuries as that required by the state's worker compensation statute for covered employment.

(6) Clients in unpaid employment are covered by the Fair Labor Standards Act (FLSA) (see OAR 461-001-0025) if the worksite is a FLSA subject employer.

History

Statutory/Other Authority: 411.060, 412.049, ORS 409.050, 412.006 & 412.009
Statutes/Other Implemented: 411.060, 412.049, ORS 409.010, 412.006 & 412.009
SSP 34-2017, amend filed 12/18/2017, effective 01/01/2018
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08
AFS 18-1998, f. & cert. ef. 10-2-98
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92

Or. Admin. R. 461-190-0171 Education Requirements for Teen Parents; JOBS

(1) Except as provided in section (2) of this rule, a teen parent (see OAR 461-001-0025) who participates in the JOBS program and does not have a high school diploma or GED must participate in the basic education component (see OAR 461-001-0025).

(2) A teen parent is excused from the requirements of section (1) of this rule if any of the following subsections apply:

(a) The teen parent is a JOBS volunteer (see OAR 461-130-0310) from the requirement to participate in the JOBS program 16 weeks after the birth of a child, except that the teen parent may be required to participate in suitable activities with a preference for educational activities, parenting classes, and family stability activities (see OAR 461-001-0000).

(b) The teen parent is under age 18, has been excused by the local school district from state compulsory school attendance, and meets the following conditions:

(A) The employment goal of the teen parent is an occupation or occupational field that does not require a high school diploma or GED, there is a labor market demand for it, and the goal is appropriate for the teen parent and likely to lead to self-sufficiency; and

(B) The teen parent is participating in the job skills training component (see OAR 461-001-0025) and an education component (see OAR 461-001-0025) designed to result in a literacy level of at least grade 8.9.

(c) The teen parent is age 18 or 19 and can be assigned to employment training to prepare for occupations or occupational fields for which there is a labor market demand, and either the teen parent has failed to achieve good or satisfactory progress (see OAR 461-001-0025) in completing educational activities (see OAR 461-001-0025) or educational activities are inappropriate for the education and employment goals of the teen parent.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 412.006, 412.009 & 412.049
Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 412.006, 412.009 & 412.049
SSP 22-2017, f. 9-8-17 & cert. ef. 10-1-17
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08
AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00
AFS 18-1998, f. & cert. ef. 10-2-98
AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97
AFS 27-1996, f. 6-27-96, cert. ef. 7-1-96
AFS 1-1993, f. & cert. ef. 2-1-93
AFS 4-1992, f. 2-28-92, cert. ef. 3-1-92
AFS 19-1991(Temp), f. & cert. ef. 10-1-91
AFS 23-1990, f. 9-28-90, cert. ef. 10-1-90

Or. Admin. R. 461-190-0181 Basic Education for Nonteens; JOBS

(1) Parents age 20 and over in the JOBS Program may be required to participate full-time (as defined by the education provider) in the basic education component if their employment goals requires a literacy level of 8.9, unless one of the following is true:

(a) They are exempt from the requirement to participate in the JOBS Program for a reason other than providing care for a child under age 3 months;

(b) They demonstrate a literacy level of at least grade 8.9 through BASIS testing;

(2) Clients with limited English proficiency may be required to participate in English education if their inability to speak, read or write the English language limits their employment opportunities.

History

Statutory/Other Authority: ORS 411.060 & 411.816
Statutes/Other Implemented: ORS 411.060
AFS 18-1998, f. & cert. ef. 10-2-98
AFS 23-1990, f. 9-28-90, cert. ef. 10-1-90

Or. Admin. R. 461-190-0183 Basic Education; REP

(1) Individuals of any age in the REP program may be required to participate either part-time or full‑time (as defined by the education provider) in the basic education component , unless at least one of the following is true:

(a) They are exempt from the requirement to participate in the REP program; or

(b) They have an equivalent high school diploma or GED from their country of origin.

(2) Individuals with limited English proficiency may be required to participate in English education if their inability to speak, read or write the English language limits their employment opportunities.

History

Statutory/Other Authority: ORS 409.050 & 411.060
Statutes/Other Implemented: ORS 409.010 & 411.060
SSP 34-2017, adopt filed 12/18/2017, effective 01/01/2018

Or. Admin. R. 461-190-0197 Microenterprise Component Closure Effective December 31, 2020

(1) For the purposes of this rule, "microenterprise" means a sole proprietorship, partnership, or family business with fewer than five employees and capital needs no greater than $35,000.

(2) The microenterprise component of the JOBS Program ends for all individuals effective December 31, 2020.

History

Statutory/Other Authority: ORS 411.060 & 412.049
Statutes/Other Implemented: ORS 411.060 & 412.049
SSP 44-2020, amend filed 12/22/2020, effective 01/01/2021
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 7-2005, f. & cert. ef. 7-1-05
SSP 23-2003, f. & cert. ef. 10-1-03

Or. Admin. R. 461-190-0199 Parents as Scholars

(1) Notwithstanding any other provision in Chapter 461 of the Oregon Administrative Rules, effective July 1, 2011, participation in Parents as Scholars (PAS) is limited to clients approved for PAS as of June 30, 2011. Any other PAS applicant is not eligible for enrollment in PAS, including a client on the PAS wait list after June 30, 2011. The Department does not process any application for PAS received after June 30, 2011.

(2) PAS is a JOBS program component that assists TANF parents who are or will be undergraduates to begin or continue their education at a two- or four-year educational institution.

(3) The following definitions apply to PAS:

(a) "Educational institution" means any post-secondary educational institution approved or accredited by the Northwest Commission on Colleges and Universities, by its regional equivalent, or by the appropriate official, department, or agency of the state or nation in which the institution is located and that is:

(A) A four-year college or university;

(B) A junior college or community college; or

(b) "Participant" refers to a participant in the PAS component of the JOBS program.

(4) The number of participants in PAS in a calendar year is limited as follows:

(a) The number of participants in PAS in a calendar year may not exceed one percent of the number of households receiving TANF on January 1 of that calendar year.

(b) If one percent of the number of households receiving TANF on January 1 of the current calendar year is less than one percent of the number of households receiving TANF on January 1 of the previous calendar year, the Department will not fill PAS slots vacated on or after January 1 of the current calendar year until the total number of slots is equal to one percent of the households receiving TANF for the current calendar year.

(5) A PAS participant receives TANF cash assistance as well as necessary support services provided through the JOBS program. JOBS support services:

(a) May not be used to pay for the cost of tuition and fees associated with enrollment by a participant at an educational institution.

(b) Subject to the limitations of OAR 461-190-0211, may be used to pay for books and supplies associated with enrollment by a participant at an educational institution subject to the following provisions:

(A) The books and supplies are required for completion of the participant's coursework at an educational institution;

(B) There is no other funding available to the PAS participant for books and supplies; and

(6) Applying for PAS. A parent who is applying for or receiving TANF may apply for PAS by completing and signing the PAS application and submitting it to the Department. The application and other documentation required by this rule must be submitted to Department of Human Services JOBS Unit (PAS), 2nd Floor, 500 Summer Street NE E48, Salem, Oregon 97301.

(7) PAS Selection Process; Wait List.

(a) PAS applications received from PAS applicants will be processed in the order in which the Department receives the applications.

(b) If the maximum number of PAS slots for a calendar year has not been filled, the Department will notify an applicant when he or she has been approved.

(c) When the maximum number of PAS slots for a calendar year has been filled and there is a wait list, the Department will notify an applicant when he or she has been added to the wait list.

(d) Once each year, the Department will contact PAS applicants on the wait list to determine if the PAS applicant's name should be removed from the wait list.

(e) When the maximum number of PAS slots for a calendar year has been filled and there is a wait list and a PAS slot becomes available, the Department will notify the next applicant on the wait list that an opening has become available.

(f) The Department will inform an applicant for PAS who does not qualify or no longer qualifies for placement on the wait list because the applicant becomes ineligible for TANF or no longer meets the requirements of this rule.

(8) Selection Requirements.

(a) A PAS applicant must meet the financial and nonfinancial eligibility requirements for TANF.

(b) A PAS applicant who is not applying for or receiving TANF at the time of selection may not participate in PAS or remain on the wait list.

(c) A PAS applicant must include documentation that the PAS applicant is an undergraduate who has been accepted for full-time attendance into or is enrolled full-time at an educational institution.

(d) A PAS applicant must demonstrate as part of the PAS application that completion of the educational program is likely to result in employment that provides the wages and benefits necessary for the applicant to support the applicant's family without TANF.

(9) Requirements of Participants; Limitations.

(a) A participant must provide documentation to the Department quarterly, or following completion of each academic term at the educational institution, that the participant is making satisfactory academic progress, as defined by the educational institution, toward a degree.

(b) A participant must provide documentation to the Department, prior to the start of each new academic term or semester, that the PAS applicant is an undergraduate who is enrolled full-time at an educational institution.

(c) A participant must attend classes full-time as defined by the educational institution, unless there is good cause (see OAR 461-130-0327) to limit attendance to less than full-time.

(d) Unless there is good cause for not attending year round, a participant must either:

(A) Attend classes year round, including during the summer if classes are offered by the educational institution; or

(B) If not attending classes year round, participate in work experience related to the field of study of the participant when not attending classes. If a work experience related to the participant's field of study is not available, participate in another appropriate work experience.

(e) During the first twelve months of participation in PAS, a participant must record attendance and homework time weekly and must provide this information to the Department no less frequently than monthly.

(f) Except as provided in subsection (g) of this section, a participant must remain eligible for TANF.

(g) If a participant becomes temporarily ineligible for TANF during a period of four or fewer months due to income from a paid work experience, the applicant may retain their PAS slot when school resumes if:

(A) The participant regains TANF eligibility; and

(B) PAS is still an appropriate activity for the participant.

(10) Ending PAS. PAS is ended for a PAS participant when:

(a) The PAS participant completes his or her degree program;

(b) Except as provided in subsection (9)(g) of this rule, the PAS participant becomes ineligible for TANF; or

(A) The PAS participant fails to meet one or more of the requirements of subsections (9)(a) through (9)(e) of this rule;

(B) Attempts to re-engage the PAS participant pursuant to OAR 461-190-0231 are unsuccessful; and

(C) There is a determination that the PAS participant does not have good cause (see OAR 461-130-0327) for failure to meet one or more requirements of subsections (9)(a) through (9)(e) of this rule.

History

Statutory/Other Authority: ORS 411.060, 411.116, 412.016, 412.049 & 412.124
Statutes/Other Implemented: ORS 411.060, 411.070, 411.116, 412.016, 412.017, 412.049, 412.124 & HB 2049 (2011)
SSP 25-2011, f. 9-30-11, cert. ef. 10-1-11
SSP 18-2011(Temp), f. & cert. ef. 7-1-11 thru 12-28-11
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
SSP 28-2009, f. & cert. ef. 10-1-09
SSP 23-2008, f. & cert. ef. 10-1-08
SSP 20-2008(Temp), f. & cert. ef. 9-5-08 thru 3-4-09

Or. Admin. R. 461-190-0211 Temporary rule language in effect until 11/27/2026. Standards for Support Service Payments; JOBS, Pre-TANF, SFPSS, TANF

In the Job Opportunity and Basic Skills (JOBS), Pre-Temporary Assistance for Needy Families (TANF), State Family Pre-SSI/SSDI (SFPSS), and Temporary Assistance for Needy Families (TANF) programs, notwithstanding any other administrative rule in chapter 461 and subject to the availability of state and federal funding, the following special provisions apply:

(1) Support services (see OAR 461-001-0025) payments are available to:

(a) An individual who is an adult parent, needy caretaker relative (see OAR 461-001-0000), teen parent (see OAR 461-001-0000), or a minor parent (see OAR 461-001-0000) who is head of household; in the TANF filing group (see 461-110-0330) and is not otherwise exempt (see OAR 461-130-0305) and in accordance with participation requirements in OAR 461-130-0310.

(b) An individual who is a recipient of Pre-TANF or SFPSS programs.

(2) Pursuant to the reasonable cost requirements in 2 CFR 200.404, in approving support services payments, the Department (see OAR 461-001-0000) must consider lower cost alternatives. This rule is not intended to supplant Department funding with other funding that is available in the community. The expectation of the Departmentis that Department staff and individuals work collaboratively to seek resources that are reasonably available to the individual in order to participate in activities.

(3) Payments for support services are provided when:

(a) Necessary to participate in an approved activity (see OAR 461-001-0025) specified in the individual’s case plan ;

(b) Authorized in advance;

(d) All other provisions of this rule are met.

(4) A Department approved activity is eligible for support services payments, except for the following activities:

(a) Family Support & Connections,

(b) Retention services, and

(5) In the JOBS, Pre-TANF, SFPSS, and TANF programs, the Department may provide payments for support services for eligible (see OAR 461-130-0310) individuals engaged in an approved activity specified in the individual’s case plan , subject to provisions in subsections (1)(a) and (1)(b) of this rule. Support services payment types are subject to the following limitations:

(a) Auto Insurance: Payments for auto insurance to support the goals specified in the individual's case plan . Payments for auto insurance are limited to no more than two months in a 12-month rolling period (see OAR 461-001-0025).

(b) Eyeglasses: Effective July 19, 2023, payments for eyeglasses (does not include contacts) when necessary to remove a barrier towards gaining employment. Requests for eyeglasses above $50 shall require verification of the need from a qualified and appropriate professional. Payments for eyeglasses are limited to individuals who are not:

(A) Under the age of 21;

(B) A pregnant adult; or

(c) Housing and Utilities: Payments for housing and utilities are limited to nonrecurrent short-term payments to address a specific crisis or episode of need and are not intended to meet ongoing needs. Payments are further limited to:

(A) Up to four months of payments within a 12-month rolling period ; and

(B) $3,500 per TANF filing group within a 12-month rolling period .

(d) Professional fees: Payments for professional fees are limited to:

(A) Application fees for housing;

(B) Auto insurance as described in subsection (5)(a) of this rule, and Driver and Motor Vehicle Services (DMV) fees for vehicles owned by a member of the TANF filing group ;

(D) Educational costs related to Adult Basic Education, English Language Learner , and High School or GED Completion Attendance activities (see OAR 461-001-0025);

(E) Identity related documentation; and

(F) Required certifications, licenses, tests or professional registrations related to employment.

(e) Science, technology, engineering, arts, and mathematics (STEAM): Payments for science, technology, engineering, arts, and mathematics are limited to educational purposes including but not limited to family passes to museums, Oregon State Parks, and marine or natural science centers. Individuals must continue to meet all other provisions of this rule and payment is limited to activities in which the eligible individual and their TANF filing group can participate together.

(f) Self-employment expenses are limited to items or expenses that do not create or enhance long-term business value, ownership, or equity. These are limited to:

(A) Training, licensing, compliance, and insurance costs;

(B) Required clothing or safety gear; and

(g) Tax Preparation Services: Payments for personal tax preparation services are limited to payments for the current tax year and can only be accessed from January 1 through Tax Day in April, in situations where no free community resources are available.

(h) Tuition payments:

(A) Tuition payments for a vocational training activity or a jobs skills training activity (see OAR 461-001-0025) are limited to single payments by session as defined by the educational or vocational training entity, such as a term, semester, or quarter.

(B) Tuition payments for a self-initiated training activity shall be limited to no more than a twelve-month period per individual and shall be reviewed on a term-by-term basis. Individuals must show that they are making satisfactory progress (see OAR 461-001-0025) in their program and working towards receiving or clearing their standing to receive financial aid.

(C) Lower cost alternatives, as described in section (2) of this rule, must be explored, including the individual pursuing financial aid and other sources of assistance.

(i) Vehicle repairs: Payments for vehicle repairs are limited to situations where the TANF filing group resides in the vehicle only and are subject to all housing and utility payment limitations described in subsection (5)(c) of this rule.

(j) None of the following are allowed for payment by the Department:

(A) Alcohol and drug treatment services.

(B) Animal related costs.

(C) Any payments described in this rule for individuals employed in, seeking employment in, or engaged in an illegal activity (see OAR 461-120-0215).

(D) Auto expenses outside of subsection (5)(i) of this rule, this includes vehicle loan payments, vehicle repairs, maintenance, and tires.

(E) Child-care, including registration fees and ERDC co- payments.

(F) Credit card debt, lines of credit, or other debt payments excluding mortgages.

(G) Entertainment services, including but not limited to amusement parks, digital streaming services or applications, or movie theaters.

(H) Eviction related expenses that do not result in the dismissal of the eviction

(I) Expenses in the collection process.

(J) Expenses with a due date in a future benefit month.

(K) Legal fines, restitution, legal or civil fees (including attorney fees and expungement), court costs, or other costs associated with a legal penalty.

(L) Medical Assistance or medical services, including but not limited to dental services, eye exams, urinalysis and other medical screenings, or substance use testing.

(M) Mental health services.

(N) Purchase of a car, recreational vehicle, or motor home.

(O) Purchase of a firearm or other items intended to be used as self-defense or as a weapon.

(6) The Department may require an individual to provide verification of a need for, or costs associated with, support services prior to approval and issuance of payments if verification is reasonably available.

(7) The Department may reduce, close, or deny in whole or in part a request for support services payments in the following circumstances:

(a) The purpose for the payments is not related to the individual's case plan .

(b) The individual is failing to comply with the case plan or disqualified, unless the payments in question are necessary for the individual to demonstrate cooperation with the individual’s case plan .

(c) The individual disagrees with support services payments offered or made by the Department as outlined in the individual's case plan .

(d) The payment does not relate to one of the four federal purposes of TANF in 45 CFR 260.20.

(e) The payment does not comply with the reasonable cost requirements in 2 CFR 200.404 or lower cost alternatives are available.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.121, 412.006, 412.009, 412.014 & 412.049
Statutes/Other Implemented: ORS 412.016, 412.049, 412.084, ORS 291.003, 409.010, 409.040, 411.060, 411.070, 411.121, 412.001, 412.002, 412.006, 412.009, 412.011, 412.014, 45 CFR 260.20, 2 CFR 200.404 & 45 CFR 260.31(b)(1)
SSP 33-2026, temporary amend filed 08/07/2026, effective 08/13/2026 through 11/27/2026
SSP 28-2026, temporary amend filed 06/01/2026, effective 06/01/2026 through 11/27/2026
SSP 12-2025, amend filed 06/26/2025, effective 07/01/2025
SSP 54-2024, amend filed 09/27/2024, effective 10/01/2024
SSP 29-2024, amend filed 03/26/2024, effective 04/01/2024
SSP 53-2023, amend filed 12/21/2023, effective 01/01/2024
SSP 22-2023, amend filed 06/26/2023, effective 07/01/2023
SSP 59-2022, amend filed 12/27/2022, effective 01/01/2023
SSP 48-2022, amend filed 09/27/2022, effective 10/01/2022
SSP 38-2022, temporary amend filed 06/15/2022, effective 06/15/2022 through 12/11/2022
SSP 27-2022, amend filed 02/16/2022, effective 02/17/2022
SSP 45-2021, temporary amend filed 08/25/2021, effective 08/25/2021 through 02/20/2022
SSP 44-2020, amend filed 12/22/2020, effective 01/01/2021
SSP 5-2020, amend filed 03/30/2020, effective 04/01/2020
SSP 27-2018, amend filed 09/04/2018, effective 10/01/2018
SSP 26-2018, temporary amend filed 07/30/2018, effective 08/01/2018 through 12/31/2018
SSP 21-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 20-2018, temporary amend filed 05/24/2018, effective 06/01/2018 through 06/30/2018
SSP 13-2018, temporary amend filed 03/27/2018, effective 04/01/2018 through 06/30/2018
SSP 34-2017, amend filed 12/18/2017, effective 01/01/2018
SSP 32-2017, temporary amend filed 12/01/2017, effective 12/01/2017 through 03/31/2018
SSP 28-2017, temporary amend filed 11/01/2017, effective 11/01/2017 through 03/31/2018
SSP 22-2017, f. 9-8-17 & cert. ef. 10-1-17
Reverted to SSP 23-2016, f. 6-28-16, cert. ef. 7-1-16
SSP 3-2017(Temp), f. 2-28-17, cert. ef. 3-1-17 thru 6-30-17
SSP 23-2016, f. 6-28-16, cert. ef. 7-1-16
SSP 34-2015, f. 12-22-15, cert. ef. 12-28-15
SSP 18-2015(Temp), f. 6-30-15, cert. ef. 7-1-15 thru 12-27-15
SSP 17-2015, f. & cert. ef. 6-30-15
SSP 3-2015(Temp), f. & cert. ef. 1-1-15 thru 6-29-15
SSP 15-2014, f. & cert. ef. 7-1-14
SSP 6-2014(Temp), f.& cert. ef. 3-5-14 thru 9-1-14
SSP 24-2013, f. & cert. ef. 10-1-13
SSP 15-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13
SSP 8-2013, f. & cert. ef. 4-1-13
SSP 2-2013(Temp), f. & cert. ef. 1-23-13 thru 5-5-13
SSP 38-2012(Temp), f. 12-28-12, cert. ef. 1-1-13 thru 5-5-13
SSP 34-2012(Temp), f. & cert. ef. 11-6-12 thru 5-5-13
SSP 30-2012, f. 9-28-12, cert. ef. 10-1-12
SSP 18-2012(Temp), f. & cert. ef. 5-23-12 thru 9-30-12
SSP 12-2012(Temp), f. & cert. ef. 4-6-12 thru 9-30-12
SSP 11-2012, f. & cert. ef. 4-6-12
SSP 30-2011(Temp), f. & cert. ef. 11-1-11 thru 4-29-12
SSP 25-2011, f. 9-30-11, cert. ef. 10-1-11
SSP 19-2011(Temp), f. & cert. ef. 7-1-11 thru 12-28-11
SSP 10-2011, f. 3-31-11, cert. ef. 4-1-11
SSP 42-2010(Temp), f. 12-30-10, cert. ef. 1-1-11 thru 6-30-11
SSP 32-2010, f. & cert. ef. 10-1-10
SSP 23-2008, f. & cert. ef. 10-1-08
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08
SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06
SSP 11-2005(Temp), f. & cert. ef. 9-1-05 thru 12-31-05
SSP 21-2004, f. & cert. ef. 10-1-04
SSP 33-2003, f. 12-31-03, cert. ef. 1-4-04
AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00
AFS 2-1999, f. 3-26-99, cert. ef. 4-1-99
AFS 18-1998, f. & cert. ef. 10-2-98
AFS 36-1996, f. 10-31-96, cert. ef. 11-1-96
AFS 26-1996, f. 6-27-96, cert. ef. 7-1-96
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 9-1991, f. 3-29-91, cert. ef. 4-1-91
AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91
AFS 23-1990, f. 9-28-90, cert. ef. 10-1-90

Or. Admin. R. 461-190-0215 Case Plan Activities and Standards for Support Services Payments; REF, REP

In the Refugee Assistance (REF) and Refugee Employment Program (REP) programs, notwithstanding any other administrative rule in chapter 461 and subject to the availability of state and federal funding, the following special provisions apply:

(1) Support services (see OAR 461-001-0027) payments are available to individuals who are eligible (see OAR 461-130-0310) to engage in a case plan (see OAR 461-001-0027).

(2) Pursuant to the reasonable cost requirements in 45 CFR 75.404, in approving support services payments, the Department (see OAR 461-001-0000) must consider lower cost alternatives. This rule is not intended to supplant Departmen t funding with other funding that is available in the community. The expectation of the Department is that Department staff and individuals work collaboratively to seek resources that are reasonably available to the individual in order to participate in activities.

(3) Payment for support services are provided when:

(a) Necessary to participate in an approved activity (see OAR 461-001-0027) specified in the individual’s case plan ;

(b) Authorized in advance; and

(4) The Department may provide payments for support services for individuals eligible for REP engaged in an approved activityspecified in the individual’s case plan . Support services are subject to the following limitations:

(a) Transportation. The Department may provide payments to an individual when transportation costs is for travel to and from an approved REP activity . Payments are only for the cost of public transportation or fuel costs. For fuel costs the individual providing the transportation must report having a valid driver’s license and vehicle insurance.

(b) Other Payments. When the need is identified and no other sources are available, the Department may provide other payments needed –

(A) To accept a job offer.

(B) For books and supplies to complete an approved educational activity.

(5) The Department may require an individual to provide verification of a need for, or costs associated with, support services prior to approval and issuance of payments if verification is reasonably available.

(6) The Department may reduce, close, or deny in whole or in part a request for support services payments in the following circumstances:

(a) The purpose for the payments is not related to the individual's case plan .

(b) The individual is failing to comply with the case plan or is disqualified unless the payments in question are necessary for the individual to demonstrate cooperation with the individual’s case plan .

(c) The individual disagrees with support services payments offered or made by the Department as outlined in the individual's case plan .

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070 & 411.121
Statutes/Other Implemented: 411.060, 411.070, 411.121, 291.003, 409.010, 409.040 & 45 CFR 400
SSP 54-2024, adopt filed 09/27/2024, effective 10/01/2024

Or. Admin. R. 461-190-0231 Re-engagement; JOBS, REP, SFPSS, TA-DVS

In the JOBS, REP, SFPSS, and TA-DVS programs:

(1) When aspects of the case plan (OAR 461-001-0025) have not been met or are in dispute, the re-engagement process provides an opportunity for the individual and the Department to --

(a) Review and re-evaluate the case plan and other information gathered related to the strengths and challenges of the individual and family;

(b) Identify expectations, concerns, and completion of activities in the case plan ;

(d) Develop options that support the individual; and

(e) Revise the case plan if appropriate.

(2) The re-engagement process is intended to assist the Department in identifying whether the individual is unable or unwilling to participate in the case plan .

(a) In the JOBS, REP, and SFPSS programs, if:

(A) A screening for physical or mental health needs, substance abuse, domestic violence (see OAR 461-001-0000), or learning needs has not been completed, the re-engagement process requires an additional opportunity to initiate those screenings for potential challenges to participation not previously identified.

(B) A screening described in paragraph (A) of this subsection indicates follow-up is needed. The re-engagement process requires an opportunity to initiate the follow-up for potential challenges to participation not previously identified.

(b) Circumstances that require a determination of whether good cause (see OAR 461-130-0327) exists include disagreements about the case plan , irregular attendance at activities , missed appointments, failure to participate in a component of the case plan , and (in the JOBS and REP programs) refusal to accept or maintain employment.

(c) In the TA-DVS program, there are no participation requirements. The re-engagement process is intended to provide an opportunity to address problems with the case plan (see OAR 461-135-1230) and an opportunity to modify the case plan.

(3) In the JOBS and REP programs, the re-engagement process must include:

(a) Assessing the risk of harm posed to the children in the filing group by the reduction in aid payments and taking steps to ameliorate the risk.

(b) An attempted community visit, which may include meeting in the participant’s home, on their porch or yard, a nearby park, or other neutral location where the participant is comfortable.

(4) The individual, the Department, or the Department's contractor may initiate the re-engagement process. The re-engagement process is not a required activity . The Department may not disqualify individuals based on their failure to participate in the re-engagement process.

(5) The individual or Department may invite partner agencies, Department contractors, persons currently working with the individual, or other individuals who have information relevant to the re-engagement process to any appointments or meetings scheduled as part of the process.

(6) The re-engagement process ends when any of the following subsections applies:

(a) In the JOBS program, when any of the following paragraphs applies:

(A) The Department has determined the individual has met federally required participation rates (see OAR 461-001-0025).

(B) The Department and the participant agree to a modified case plan .

(C) The Department has determined the individual is exempt from JOBS Employment Program participation and disqualification under OAR 461-130-0310.

(D) The Department has determined the individual is a JOBS volunteer (see OAR 461-130-0310).

(E) The efforts to re-engage are unsuccessful for any of the following reasons:

(i) The individual clearly indicates an intent not to participate in the re-engagement process;

(ii) The individual refuses to participate in the individual’s case plan and has the ability to engage;

(iii) The individual has no challenges to participate or is unwilling to take appropriate steps to address identified challenges to participation in the program; or

(iv) The Department determines that an individual did not have good cause (see OAR 461-130-0327) for not complying with a requirement of the JOBS employment program, and the individual is able but unwilling to address the issue through activities that address challenges or through case plan modifications.

(b) In the REP program, when any of the following paragraphs applies:

(A) The Department has determined the individual is exempt from REP participation and disqualification under OAR 461-130-0310(4).

(B) The individual clearly indicates an intent not to participate in the re-engagement process.

(D) A decision is made by the Department that an individual did not have good cause for not complying with a requirement of the REP program.

(E) The Department has determined the individual is an REP volunteer (see OAR 461-130-0310).

(F) The Department has determined that the case plan is inappropriate and requires modification.

(c) In the SFPSS program, after a review team consisting of SFPSS program staff including the case manager, disability analyst, and appropriate medical professional determine the individual does not have good cause for non-cooperation and no accommodations or modifications can be made to support the participant being re-engaged.

(7) The re-engagement process must end unsuccessfully before the Department begins the process of disqualifying an individual for a failure to comply with a requirement of the JOBS or REP programs.

(8) In the SFPSS program, when the re-engagement process ends unsuccessfully, an individual removed from the program is returned to the TANF program.

History

Statutory/Other Authority: ORS 409.050, 411.060, 412.009, 412.014 & 412.049
Statutes/Other Implemented: ORS 409.010, 411.060, 412.009, 412.014, 412.049, 45 CFR 261.12, 45 CFR 261.13, 45 CFR 261.14 & 412.072
SSP 32-2024, minor correction filed 04/25/2024, effective 04/25/2024
SSP 7-2023, amend filed 01/24/2023, effective 02/01/2023
SSP 34-2017, amend filed 12/18/2017, effective 01/01/2018
SSP 22-2017, f. 9-8-17 & cert. ef. 10-1-17
SSP 10-2017, f. 3-24-17, cert. ef. 4-1-17
SSP 23-2016, f. 6-28-16, cert. ef. 7-1-16
SSP 23-2008, f. & cert. ef. 10-1-08
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08
AFS 18-1998, f. & cert. ef. 10-2-98
AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97
AFS 26-1996, f. 6-27-96, cert. ef. 7-1-96
AFS 21-1995, f. 9-20-95, cert. ef. 10-1-95
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 8-1992, f. & cert. ef. 4-1-92
AFS 9-1991, f. 3-29-91, cert. ef. 4-1-91
AFS 23-1990, f. 9-28-90, cert. ef. 10-1-90

Or. Admin. R. 461-190-0241 Transition Services; JOBS

(1) A client who becomes ineligible for the Pre-TANF or TANF programs because of an increase in earned income is eligible for transition benefits and services for 12 months upon meeting the criteria in OAR 461-190-0211 for receiving support services (see 461-001-0025) in the JOBS program. The total cost of JOBS support service payments may not exceed $1,000 for the duration of the 12-month period. For clients whose eligibility ends for reasons other than income from new employment, the benefits and services are limited to completing any JOBS activity (see 461-001-0025) in progress at the time program eligibility ends.

(2) The transition period begins on the date determined by the following:

(a) For clients participating in an OJT activity (see OAR 461-001-0025), the transition period begins:

(A) When TANF benefits end because of earned income, if there are three or fewer months left in the OJT contract.

(B) Three calendar months before the end of the OJT contract, if TANF benefits end because of the level of earned income when more than three months remain in the contract.

(b) For clients participating in a work supplementation activity (see OAR 461-001-0025), the transition period begins when the wage subsidy (grant diversion) to the employer ends.

History

Statutory/Other Authority: ORS 411.060 & 412.049
Statutes/Other Implemented: ORS 411.060 & 412.049
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08
SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06
SSP 11-2005(Temp), f. & cert. ef. 9-1-05 thru 12-31-05
SSP 21-2004, f. & cert. ef. 10-1-04
AFS 25-1998, f. 12-28-95, cert. ef. 1-1-98
AFS 18-1998, f. & cert. ef. 10-2-98
AFS 9-1997, f. & cert. ef. 7-1-97
AFS 27-1996, f. 6-27-96, cert. ef. 7-1-96
AFS 28-1992, f. & cert. ef. 10-1-92
AFS 4-1992, f. 2-28-92, cert. ef. 3-1-92
AFS 23-1991(Temp), f. 10-31-91, cert. ef. 11-1-91
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 9-1991, f. 3-29-91, cert. ef. 4-1-91
AFS 23-1990, f. 9-28-90, cert. ef. 10-1-90

Or. Admin. R. 461-190-0310 Limits to the SNAP Employment and Training Programs

(1) The OFSET Program ends for all individuals effective September 30, 2019.

(2) The SNAP Training and Employment Program (STEP) is available to individuals in the SNAP need group (see OAR 461-110-0630) who are:

(a) 16 years of age and older, and

(b) Not Job Opportunity and Basic Skills (JOBS) program eligible.

(3) For an ABAWD (see OAR 461-135-0520) residing in one of the SNAP time limit areas (see OAR 461-135-0520), the STEP components and activities must meet the following requirements:

(a) The case plan (see OAR 461-001-0020) may not require more than 20 hours of activities per week.

(b) Except for Workforce Innovation and Opportunity Act (WIOA) (see OAR 461-001-0020) and Workfare (see OAR 461-190-0500), an individual may not be required to participate in job search (see OAR 461-001-0020) activities more than nine hours per week. The balance of the 20 hours per week must be in work-related or training (not job search ) activities.

History

Statutory/Other Authority: ORS 411.816 & ORS 409.050
Statutes/Other Implemented: ORS 411.816, 7 USC 2015, 7 USC 2029, 7 CFR 273.7, 7 CFR 273.24 & ORS 409.010
SSP 26-2021, amend filed 03/24/2021, effective 04/01/2021
SSP 1-2021, temporary amend filed 01/22/2021, effective 01/25/2021 through 07/23/2021
SSP 44-2020, amend filed 12/22/2020, effective 01/01/2021
SSP 20-2019, amend filed 09/19/2019, effective 10/01/2019
SSP 7-2019, amend filed 03/11/2019, effective 04/01/2019
SSP 37-2018, temporary amend filed 12/07/2018, effective 01/01/2019 through 03/31/2019
SSP 22-2017, f. 9-8-17 & cert. ef. 10-1-17
SSP 35-2016, f. 9-30-16, cert. ef. 10-1-16
SSP 15-2016, f. & cert. ef. 4-1-16
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
AFS 13-2002, f. & cert. ef. 10-1-02
AFS 19-2001, f. 8-31-01, cert. ef. 9-1-01
AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00
AFS 18-1998, f. & cert. ef. 10-2-98
AFS 9-1997, f. & cert. ef. 7-1-97
AFS 8-1992, f. & cert. ef. 4-1-92
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-190-0360 Special Payments; SNAP Employment and Training Programs

In the SNAP program:

(1) For purposes of this rule, a “contractor” means any third-party entity that holds a contract with the Department to provide Employment and Training (E&T) services.

(2) The Department or contractor (see section (1) of this rule) may authorize special payments to participants participating in one of the three SNAP Employment and Training programs described in OAR 461-001-0020 for transportation and other costs identified in the participant’s case plan (see OAR 461-001-0020) subject to the provisions of this rule.

(a) Costs must be directly related to an approved component in the case plan and be reasonable and necessary.

(b) The Department or contractor must consider lower cost alternatives.

(c) The Department or contractor may deny, reduce, or close special payments when costs exceed the local district's or contractor’s budget for employment and training.

(d) Special payments are not intended to replace other funding available in the community. The Department or contractor and the participant must seek resources reasonably available to the participant in order to comply with the requirements in the case plan .

(e) Funds may be used to pay for tuition and mandatory school fees charged to the general public. Funds may not be used to pay for state or local education entitlements.

(f) Special payments for job retention (see OAR 461-001-0020) is only available if the individual was participating in a component other than job retention prior to securing employment.

History

Statutory/Other Authority: ORS 409.050, ORS 411.121 & ORS 411.816
Statutes/Other Implemented: 411.837, 7 USC 2015, 7 USC 2029, 7 CFR 273.7, 7 CFR 273.24, ORS 409.010, ORS 411.121, ORS 411.816 & 411.825
SSP 7-2019, amend filed 03/11/2019, effective 04/01/2019
SSP 37-2018, temporary amend filed 12/07/2018, effective 01/01/2019 through 03/31/2019
SSP 45-2016, f. 12-20-16, cert. ef. 1-1-17
SSP 35-2016, f. 9-30-16, cert. ef. 10-1-16
SSP 15-2016, f. & cert. ef. 4-1-16
SSP 31-2015(Temp), f. & cert. ef. 11-30-15 thru 5-27-16
SSP 28-2009, f. & cert. ef. 10-1-09
SSP 9-2009(Temp), f. & cert. ef. 5-1-09 thru 10-28-09
SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05
SSP 33-2003, f. 12-31-03, cert. ef. 1-4-04
SSP 24-2003(Temp), f. & cert. ef. 10-1-03 thru 12-31-03
SSP 7-2003, f. & cert. ef. 4-1-03
AFS 13-2002, f. & cert. ef. 10-1-02
AFS 18-1998, f. & cert. ef. 10-2-98
AFS 36-1996, f. 10-31-96, cert. ef. 11-1-96
AFS 19-1994, f. & cert. ef. 9-1-94
AFS 28-1992, f. & cert. ef. 10-1-92
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-190-0401 JOBS Plus Program Applicability

The JOBS Plus program (see OAR 461-001-0025) is a component (see OAR 461-001-0025) of the JOBS program and is subject to the provisions of ORS chapter 411 and the following rules (OAR 461-190-0401 to 461-190-0426). Except as provided under OAR 461-190-0416, individuals who participate in the JOBS Plus program (participants) become employed and receive wages from a JOBS Plus employer rather than cash benefits from the TANF program, SNAP benefits, and unemployment insurance benefits.

History

Statutory/Other Authority: ORS 411.060 & 411.816
Statutes/Other Implemented: ORS 411.060
SSP 33-2021, amend filed 06/22/2021, effective 07/01/2021
AFS 18-1998, f. & cert. ef. 10-2-98

Or. Admin. R. 461-190-0406 JOBS Plus Program Eligibility

(1) Any individual in the TANF benefit group (see OAR 461-110-0750) who is not excluded from participation by law, may volunteer to participate in the JOBS Plus program (see OAR 461-001-0025).

(2) Individuals remain eligible to participate as long as they would, except for participating in the JOBS Plus program , be eligible for TANF.

(3) The benefits of individuals participating in the JOBS Plus program remain suspended until the first day of the month following the month in which they last perform work under a JOBS Plus program agreement. Individuals cannot receive TANF cash benefits and a JOBS Plus program supplement for the same month.

History

Statutory/Other Authority: ORS 409.050, 411.060 & 411.816
Statutes/Other Implemented: ORS 409.010, 411.060 & 411.816
SSP 33-2021, amend filed 06/22/2021, effective 07/01/2021
SSP 22-2017, f. 9-8-17 & cert. ef. 10-1-17
SSP 15-2016, f. & cert. ef. 4-1-16
SSP 7-2005, f. & cert. ef. 7-1-05
AFS 18-1998, f. & cert. ef. 10-2-98

Or. Admin. R. 461-190-0407 Clients’ Individual Education Accounts

After a client has participated in the JOBS Plus program for 30 days, the Department withholds one dollar for each hour the client works for the JOBS Plus employer to be used for the client’s individual education account. To be qualified for use of his or her account, an eligible participant (see OAR 575-090-0010) must make a written request to the Department for access to the account. Upon receipt of such a request, the Department will transfer the account to the Commission. The client must apply with the Oregon Student Assistance Commission to access the account.

History

Statutory/Other Authority: ORS 348.520, 409.050, 411.060, 411.070, 411.894 & 412.006
Statutes/Other Implemented: ORS 348.520, 348.841, 409.050, 411.060, 411.070, 411.894 & 412.006
AFS 14-1999, f. & cert. ef. 11-1-99

Or. Admin. R. 461-190-0411 Participation of Employers

(1) The Department assigns participants to employers who enter into work-site agreements with the Department. The Department will assign participants to public employers only when there is no appropriate vacant position with a private employer.

(2) The Department will not assign participants to employers who have demonstrated a pattern of unreasonably ending a client’s JOBS Plus participation prior to completion of training or who have demonstrated an unwillingness to provide adequate training or comply with the work-site agreement.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.816 & 412.006
Statutes/Other Implemented: ORS 409.050, 411.060, 411.070, 411.816 & 412.006
AFS 18-1998, f. & cert. ef. 10-2-98

Or. Admin. R. 461-190-0416 Supplemental Payments; JOBS

In the JOBS Plus program (see OAR 461-001-0025):

(1) If the net monthly full-time wage paid to a participant is less than the amount of the TANF program and the SNAP program benefits the participant would otherwise receive, the Department will determine and pay to the participant a supplemental payment as provided in section (3) or (6) of this rule.

(2) Income Calculations prior to January 1, 2011:

(a) JOBS Plus income for sections (2) and (3) of this rule is calculated retrospectively as follows:

(A) For the full benefit equivalency income test, the applicable hourly wage is multiplied by the hours that were available for work, specifically the hours for which the participant was paid, including sick leave used and hours the participant was engaged in job search (see OAR 461-001-0025), and hours the participant missed work without being excused by the employer. From that product, a $90 standard deduction and the amount of garnishments withheld are subtracted. To the remainder is added any child support received by the participant and $102 to account for the participant's potential earned income credit. If the participant missed work referred to in this paragraph due to good cause (see OAR 461-130-0327), the hours are excluded from the calculation.

(B) For the minimum benefit equivalency income test, the applicable hourly wage is multiplied by the hours for which the participant was paid. From that product, a $90 standard deduction and the amount of garnishments withheld are subtracted. To the remainder is added any child support received by the participant and $102 to account for the participant's potential earned income credit.

(b) Full benefit equivalency income is the total of the TANF program and SNAP program benefits as determined for the need group (see OAR 461-110-0630).

(c) Minimum benefit equivalency income is determined by deducting from the full benefit equivalency income the difference between the TANF program payment standard under OAR 461-155-0030 for the need group with the participant included and the TANF program payment standard for the need group without the participant included.

(3) Wage supplements prior to January 1, 2011: A participant is entitled to a wage supplement payment for any month in which JOBS Plus income is exceeded by either the full benefit equivalency income or the minimum benefit equivalency income. The supplement payment amount is determined by subtracting the JOBS Plus income calculated in accordance with paragraph (2)(a)(A) of this rule from the full benefit equivalency income and by subtracting the JOBS Plus income calculated in accordance with paragraph (2)(a)(B) of this rule from the minimum benefit equivalency income. The larger remainder, if greater than zero, is the wage supplement payment amount.

(4) SNAP program supplemental payment prior to January 1, 2011:

(a) To ensure that a SNAP program client does not incur a net loss of income because of her or his participation in the JOBS Plus program, the Department provides a supplemental payment equal to the amount by which the participant's JOBS Plus income is less than the Thrifty Food Stamp Plan benefit standard for the participant's need group.

(b) The JOBS Plus income for this section is calculated prospectively by subtracting $90 from the sum of the gross JOBS Plus wages the participant already has received for the month and any that the participant reasonably can expect to receive during the month, and adding the remainder to any EIC payment the participant received or anticipates receiving during the month and any other prospective income, and then subtracting the amount scheduled to be garnished during the month.

(5) Effective January 1, 2011:

(a) JOBS Plus income for this section and section (6) of this rule is calculated retrospectively as follows:

(A) For the full benefit equivalency income test, the applicable hourly wage is multiplied by the hours that were available for work, specifically the hours for which the participant was paid, including hours of sick leave used, hours the participant was engaged in job search (see OAR 461-001-0025), and hours the participant missed work without being excused by the employer. From that product, a $90 standard deduction and the amount of any garnishments withheld are subtracted. To the remainder is added any child support received by the participant. If the participant missed work referred to in this paragraph due to good cause (see OAR 461-130-0327), the hours are excluded from the calculation.

(b) Full benefit equivalency income is the total of the TANF program benefits and SNAP program benefits as determined for the participant's need group (see OAR 461-110-0630).

(c) Minimum benefit equivalency income is determined by deducting from the full benefit equivalency income the difference between the TANF payment standard under OAR 461-155-0030 for the need group with the participant included and the TANF payment standard for the need group without the participant included.

(6) Wage supplements effective January 1, 2011: A participant is entitled to a wage supplement payment for any month in which JOBS Plus income is exceeded by either the full benefit equivalency income or the minimum benefit equivalency income. The wage supplement payment amount is determined by subtracting the JOBS Plus income calculated in accordance with paragraph (5)(a)(A) of this rule from the full benefit equivalency income and by subtracting the JOBS Plus income calculated in accordance with paragraph (5)(a)(B) of this rule from the minimum benefit equivalency income. The larger remainder, if greater than zero, is the wage supplement payment amount.

(7) SNAP program supplemental payment effective January 1, 2011:

(a) To ensure that a SNAP program client does not incur a net loss of income because of their participation in the JOBS Plus program, the Department provides a supplemental payment equal to the amount by which the JOBS Plus income of the participant is less than the Thrifty Food Stamp Plan benefit standard for the need group of the participant.

(b) The JOBS Plus income for this section is calculated prospectively by subtracting $90 from the sum of the gross JOBS Plus wages the participant has already received for the month and any the participant can reasonably expect to receive during the month plus any other prospective income, and then subtracting the amount scheduled to be garnished during the month.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.408, 411.816, 411.877, 411.892, 412.006, 412.009, 412.014, 412.049 & 412.124
Statutes/Other Implemented: ORS 409.010, 409.050, 411.060, 411.070, 411.400, 411.404, 411.408, 411.816, 411.877, 411.892, 412.006, 412.009, 412.014, 412.049 & 412.124
SSP 17-2011, f. & cert. ef. 7-1-11
SSP 6-2011(Temp), f. & cert. ef. 2-14-11 thru 8-13-11
AFS 18-1998, f. & cert. ef. 10-2-98

Or. Admin. R. 461-190-0421 Increased Tax Liability

(1) To ensure that the diversion of SNAP program benefits to JOBS Plus wages does not cause a participant to incur a loss of income as a result of increased tax liability, the Division will make a yearly payment to compensate the participant if the participant’s tax liability exceeds the liability the client would have incurred had the amount of SNAP benefits not been included in the JOBS Plus wages.

(2) To receive the payment, the client must do the following:

(a) Request the payment from the Division by June 30 of the year following the tax year.

(b) Submit the federal tax forms (including the EIC schedule) and state tax forms that were submitted with respect to the prior year together with the same forms completed with income reduced by the amount of SNAP benefits used in calculating the full benefit equivalency income under OAR 461-190-0416.

(3) The payment described in this rule is excluded income in the SNAP program.

History

Statutory/Other Authority: ORS 411.060 & 411.816
Statutes/Other Implemented: ORS 411.060 & 411.816
AFS 9-1999, f. & cert. ef. 7-1-99
AFS 18-1998, f. & cert. ef. 10-2-98

Or. Admin. R. 461-190-0426 Termination of Work-Site Agreement

(1) A JOBS Plus work-site agreement may be terminated by a participant, upon request to the Department, after the client has worked for two weeks for the employer. For the third and any subsequent termination requested by the client, the client is subject to disqualification for failure to comply with the requirements of the JOBS program as provided in OAR 461-130-0325(1)(b).

(2) The Department will terminate a JOBS Plus work-site agreement if the agreement is violated by the employer or the staffing company and at the end of the month prior to the month in which a member of the eligibility group begins serving a disqualification in the SNAP program.

(3) To be eligible to receive JOBS Plus payments, an employer must:

(a) Comply with its JOBS Plus work site agreement; and

(b) Make accurate statements on its voucher submissions to the Department.

(4) An employer may not accept or retain a Department payment made on the basis of an inaccurate voucher submission, even if the inaccuracy was unintentional.

(5) An employer may not accept or retain a Department payment for an individual who is no longer a JOBS Plus program participant, when the employer has notified the Department that the individual is no longer a JOBS Plus program participant.

(6) An employer may not accept or retain a Department payment for an individual who is no longer a JOBS Plus program participant, when the Department has notified the employer that the individual is no longer a JOBS Plus program participant.

History

Statutory/Other Authority: ORS 411.060 & 411.816
Statutes/Other Implemented: ORS 411.060
SSP 8-2008, f. & cert. ef. 4-1-08
AFS 18-1998, f. & cert. ef. 10-2-98

Or. Admin. R. 461-190-0500 Workfare; SNAP

(1) Workfare is a voluntary employment program to assist ABAWDs (see OAR 461-135-0520) to meet the work requirements in OAR 461-135-0520. Workfare is for ABAWD clients who reside in one of the SNAP time limit areas (see OAR 461-135-0520).

(2) Workfare sites are with private or public non-profit agencies or in a public service capacity. Workfare assignments may not be related to political or partisan activities.

(3) Workfare assignments may not replace or prevent the employment of regular employees. This includes the following circumstances:

(a) The client would displace a currently employed worker or position or would cause a reduction in regularly scheduled hours, wages or benefits of a current employee.

(b) The assignment would impair an existing contract for services or a collective bargaining agreement.

(c) The assignment occurs at the same time another individual is laid off from the same or an equivalent job within the same organizational unit, or an employer terminates an employee or reduces its work force by hiring a participant in Workfare.

(d) The assignment infringes in any way on promotional opportunities of a current employee.

(e) The assignment will fill an established but currently vacant position.

(4) The Workfare assignment must provide the same benefits and working conditions provided to regular employees performing comparable work for comparable hours. This includes:

(a) The working conditions for clients participating in the Workfare activity may not violate applicable state and federal health and safety standards, or require activities not considered usual and customary in the occupation for which the participant is being trained.

(b) Clients participating in the Workfare activity who are covered by a workers' compensation system are entitled to the same level of benefits under the same conditions as other individuals similarly employed.

(c) Clients in Workfare not covered by an applicable workers' compensation statute must be provided with equal medical and accident protection for on-site injuries as that required by the state's worker compensation statute for covered employment.

(5) Clients in Workfare are covered by the Fair Labor Standards Act (FLSA) (see OAR 461-001-0020) if the worksite is an FLSA subject employer.

(6) For each individual that the Department determines has a potential for locating unsubsidized employment, Workfare begins with 30 days of intensive job search or job search training. If the Department determines this labor market test is inappropriate, Workfare begins with a job site placement.

(7) After the first 30 days, individuals who are not participating in an activity listed in OAR 461-135-0520(3)(d) may continue in a Workfare job site placement.

(8) Individuals in a Workfare job site placement must complete the monthly average of work hours based on the FLSA calculation. The individual must meet the monthly requirements in order to comply with the requirements of the Workfare program, unless they have good cause under OAR 461-130-0327.

(9) An individual may not be given more than one Workfare plan in a month.

(10) Individuals in a Workfare job site placement must provide proof from the employer of Workfare hours worked each month.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.116 & 411.816
Statutes/Other Implemented: ORS 409.050, 411.060, 411.070, 411.116 & 411.816
SSP 25-2019, amend filed 12/24/2019, effective 01/01/2020
SSP 34-2017, amend filed 12/18/2017, effective 01/01/2018
SSP 45-2016, f. 12-20-16, cert. ef. 1-1-17
SSP 15-2016, f. & cert. ef. 4-1-16
SSP 6-2016(Temp), f. & cert. ef. 2-5-16 thru 8-2-16

Division 191 EMERGENCY FOOD ASSISTANCE PROGRAM

Or. Admin. R. 461-191-0001 Purpose and Objectives

The Oregon Department of Human Services is the lead agency to coordinate state efforts in meeting the problem of hunger that operates through a network of local service-provider agencies. The Department has designated the Oregon Food Bank as the agency responsible for administering the Emergency Food Assistance Program (TEFAP) in Oregon within OAR chapter 461, division 191. The program's objective is to provide eligible households (see OAR 461-191-0005) with food for home and congregate meal use. The Department believes that receiving United States Department of Agriculture (USDA) foods (see OAR 461-191-0005) will not create any additional barriers between individuals and their need for food than is stated in statute.

History

Statutory/Other Authority: ORS 411.060 & ORS 458.530
Statutes/Other Implemented: ORS 411.060 & ORS 458.530
SSP 20-2025, amend filed 09/29/2025, effective 10/01/2025
Renumbered from 813-220-0001, SSP 30-2015, f. & cert. ef. 10-9-15
OHCS 15-2015, f. & cert. ef. 8-25-15
Reverted to OHCS 3-2008, f. & cert. ef. 3-31-08
Temporary Suspended by OHCS 20-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 10-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 3-2008, f. & cert. ef. 3-31-08
OHCS 3-2003, f. & cert. ef. 5-12-03

Or. Admin. R. 461-191-0005 Definitions

All terms used in OAR chapter 461, division 191, are defined in the Act, and in 813-005-0005. As used in OAR chapter 461, division 191, unless otherwise indicated by the context:

(1) "Eligible services" means services provided in accordance with the rules and regulations governing the program (see section (3) of this rule).

(2) "Eligible household" means a household with an income at or below 300 percent of the federal poverty line.

(3) "Program" means the Emergency Food Assistance Program (TEFAP) authorized by public law 98-8 and as extended by public law 98-92.

(4) "Recipient agency" means any public or private, nonprofit agency that has subcontracted with the Oregon Food Bank to relieve situations of hunger through distribution of USDA foods (see section (7) of this rule) to local designated food assistance programs such as congregate meal sites, temporary shelters and emergency food pantries.

(5) "Oregon Food Bank" or “OFB” means the private, nonprofit organization designated by the department to coordinate the distribution of USDA foods in Oregon.

(6) "Storage and distribution costs" means direct costs incurred by the department, OFB and/or recipient agency (see section (4) of this rule) for the operation of the program , including but not limited to, intrastate storage and distribution of USDA foods .

(7) "USDA foods" means commodities provided to eligible households (see section (2) of this rule) under the program .

(8) "USDA" means the United States Department of Agriculture.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060
SSP 20-2025, amend filed 09/29/2025, effective 10/01/2025
Renumbered from 813-220-0005, SSP 30-2015, f. & cert. ef. 10-9-15
OHCS 15-2015, f. & cert. ef. 8-25-15
OHCS 20-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 10-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 3-2008, f. & cert. ef. 3-31-08
OHCS 3-2003, f. & cert. ef. 5-12-03, Renumbered from 813-220-0000
HSG 8-1993, f. & cert. ef. 10-1-93
HSG 8-1992, f. & cert. ef. 7-29-92, Renumbered from 410-090-0000
HR 1-1984, f. & cert. ef. 5-30-84
HR 2-1983(Temp), f. & cert. ef. 7-28-83

Or. Admin. R. 461-191-0010 Administration

(1) The department has, through the master grant agreement, designated the OFB, a nonprofit corporation organized under ORS chapter 65, as the program's responsible agency to distribute USDA foods statewide.

(2) OFB may select and subcontract with recipient agencies to carry out program activities at the local level.

(3) The reimbursement of federal funds shall be paid by the department to the OFB. OFB in consultation with the Department will calculate the proportionate share of the moneys received from the department as reimbursement for program storage and distribution costs.

(4) OFB and their recipient agencies shall comply with all applicable state and federal rules and regulations.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060
Renumbered from 813-220-0010, SSP 30-2015, f. & cert. ef. 10-9-15
OHCS 15-2015, f. & cert. ef. 8-25-15
Temporary Suspended by OHCS 20-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 10-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 3-2008, f. & cert. ef. 3-31-08
OHCS 3-2003, f. & cert. ef. 5-12-03
HSG 8-1993, f. & cert. ef. 10-1-93
HSG 8-1992, f. & cert. ef. 7-29-92, Renumbered from 410-090-0005
HR 1-1984, f. & cert. ef. 5-30-84
HR 2-1983(Temp), f. & cert. ef. 7-28-83

Or. Admin. R. 461-191-0015 Requirements Imposed on OFB and Recipient Agencies

Oregon Food Bank (OFB) and their recipient agencies (see OAR 461-191-0005) are the responsible agencies designated for the distribution of United States Department of Agriculture (USDA) foods (see OAR 461-191-0005) and allocation of funds. Prior to providing services, OFB and the recipient agencies will have entered into an agreement for such distribution and receipt of program (see OAR 461-191-0005) USDA foods . Specific terms and conditions for doing so include:

(1) Each distribution site must collect and maintain records for each household receiving the Emergency Food Assistance Program (TEFAP) USDA foods for home consumption. TEFAP records should contain:

(a) The name of the household member receiving USDA foods ;

(b) Recipient zip code or city of residence, unless the recipient is experiencing houselessness, for which an “H” may be used;

(d) The basis for determining that the household is eligible to receive USDA foods for home consumption.

(A) No distribution site will collect social security numbers for households applying for TEFAP.

(B) No supporting documentation is required for an income eligibility determination for TEFAP.

(2) All records must be retained for a period of three years from the close of the federal fiscal year to which they pertain, or longer if related to an audit or investigation in progress. Records must be reasonably accessible at all times for use during management evaluation reviews, audits or investigations. OFB and their recipient agencies shall maintain records as required by federal and state rules in accordance with federal regulations 7 CFR 251.10.

(3) OFB and their recipient agencies shall be responsible for the loss of USDA foods :

(a) Loss of USDA foods from improper distribution or use or failure to provide proper storage, care, or handling.

(b) Recipient agencies will need to immediately submit a claim to OFB and the department if the loss of the USDA foods value exceeds federal regulations.

(4) Under no circumstances shall program recipients be required to make any payments in money, materials or services in connection with participation in this program .

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060
SSP 20-2025, amend filed 09/29/2025, effective 10/01/2025
Renumbered from 813-220-0015, SSP 30-2015, f. & cert. ef. 10-9-15
OHCS 15-2015, f. & cert. ef. 8-25-15
Reverted to OHCS 3-2008, f. & cert. ef. 3-31-08
Temporary Suspended by OHCS 20-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 10-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 3-2008, f. & cert. ef. 3-31-08
OHCS 3-2003, f. & cert. ef. 5-12-03

Or. Admin. R. 461-191-0020 Eligibility

(1) United States Department of Agriculture (USDA) foods (see OAR 461-191-0005) shall be made available to eligible households (see OAR 461-191-0005). Indication of participation in such programs as the Supplemental Nutrition Assistance program, Temporary Assistance to Needy Families, Supplemental Security Income (SSI), State General Assistance, Low-Income Home Energy Assistance and the Oregon Supplemental Income Program shall establish a household's eligibility under the program (see OAR 461-191-0005). No letter or other verifying document is required.

(2) Households may establish their eligibility to participate in the program through a self-declaration of income at or below 300 percent of the federal poverty line.

(3) Eligibility determination is made by specific eligibility screening guidelines and shall be uniform statewide. The Department does not require any eligibility requirements other than what is required within the federal guidelines for 7 CFR 251.5.

(4) Each distribution site must ensure households demonstrate eligibility as described in section (3) or by self-declaration.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060
SSP 20-2025, amend filed 09/29/2025, effective 10/01/2025
Renumbered from 813-220-0020, SSP 30-2015, f. & cert. ef. 10-9-15
OHCS 15-2015, f. & cert. ef. 8-25-15
OHCS 20-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 10-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 3-2008, f. & cert. ef. 3-31-08
OHCS 3-2003, f. & cert. ef. 5-12-03
HSG 8-1992, f. & cert. ef. 7-29-92, Renumbered from 410-090-0010
HR 2-1985, f. & cert. ef. 2-5-85
HR 1-1984, f. & cert. ef. 5-30-84
HR 2-1983(Temp), f. & cert. ef. 7-28-83

Or. Admin. R. 461-191-0030 Allowable Services

(1) Oregon Food Bank (OFB) and their recipient agencies (see OAR 461-191-0005) shall distribute United States Department of Agriculture ( USDA) foods (see OAR 461-191-0005) under the program (see OAR 461-191-0005) to eligible households (see OAR 461-191-0005) through emergency food box programs, congregate meal sites, temporary shelters, and emergency food pantries.

(2) OFB and their recipient agencies may conduct outreach to under-served areas so that emergency food recipients can obtain needed nutrition education and other support services.

(3) Recipient agencies may publicize the availability of USDA foods and distribute those USDA foods in their respective service areas in a manner that a maximum number of potential eligible households are reached.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060
SSP 20-2025, amend filed 09/29/2025, effective 10/01/2025
Renumbered from 813-220-0030, SSP 30-2015, f. & cert. ef. 10-9-15
OHCS 15-2015, f. & cert. ef. 8-25-15
Temporary Suspended by OHCS 20-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 10-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 3-2008, f. & cert. ef. 3-31-08
OHCS 3-2003, f. & cert. ef. 5-12-03
HSG 8-1993, f. & cert. ef. 10-1-93
HSG 8-1992, f. & cert. ef. 7-29-92, Renumbered from 410-090-0015
HR 1-1984, f. & cert. ef. 5-30-84

Or. Admin. R. 461-191-0050 Fiscal Controls

(1) OFB and their recipient agencies will use funds made available under the federal guidelines in 7 CFR 251.8 for direct expenses associated with the distribution of USDA foods and foods secured from other sources to the extent that the foods are ultimately distributed by eligible recipient agencies. OFB will furnish reports as required by OMB Circular A-133 to provide these assurances.

(2) Internal controls including, but not limited to, the use of vouchers and receipts to substantiate all expenditures will be maintained by the OFB and recipient agencies. The Department will conduct monitoring of expenses and the accounting system on an annual basis.

(3) The OFB shall provide the department with an annual audit of program and fiscal transactions within nine (9) months after the close of the fiscal audit period in accordance with OMB Circular A-133.

(4) Records of program activities and fiscal transactions shall be maintained by the OFB and their recipient agencies for a period of three (3) years from the close of the federal fiscal year to which they pertain. These records shall be made available to federal, state and OFB monitoring staff upon request.

(5) The OFB and their recipient agencies shall insure that proper records are kept at all distribution sites.

(6) Fiscal reports and program reports, audit requirements, as well as storage and distribution costs for the month shall be maintained by the OFB.

(7) Each recipient agency shall provide monthly reports to the OFB in a format prescribed by the OFB and the department.

(8) Allowable administrative cost may be used to pay direct expenses associated with the distribution of USDA foods and foods secured from other sources. Direct expenses include the following:

(a) Intrastate and interstate transport, storing, handling, repackaging, processing, and distribution of foods.

(b) Costs associated with determination of eligibility, verification, and documentation.

(c) Costs of providing information to persons receiving USDA foods concerning the appropriate storage and preparation of such foods.

(d) Costs involved in publishing announcements of times and locations of distribution, and

(e) Costs of recordkeeping, auditing, and other administrative procedures required for program participation.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060
Renumbered from 813-220-0050, SSP 30-2015, f. & cert. ef. 10-9-15
OHCS 15-2015, f. & cert. ef. 8-25-15
Temporary Suspended by OHCS 20-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 10-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 3-2008, f. & cert. ef. 3-31-08
OHCS 3-2003, f. & cert. ef. 5-12-03
HSG 8-1993, f. & cert. ef. 10-1-93
HSG 8-1992, f. & cert. ef. 7-29-92, Renumbered from 410-090-0025
HR 2-1985, f. & cert. ef. 2-5-85
HR 1-1984, f. & cert. ef. 5-30-84
HR 2-1983(Temp), f. & cert. ef. 7-28-83

Or. Admin. R. 461-191-0060 Monitoring

(1) The department will conduct reviews, audits and other compliance monitoring as it deems appropriate to verify compliance with program requirements. OFB and recipient agencies will cooperate fully with the department in its compliance monitoring.

(2) OFB shall require by contract and monitor their recipient agencies’ compliance with all program requirements including, but not limited to, eligibility determinations, food ordering procedures, storage and warehousing practices, inventory controls, approval of distribution sites, reporting and recordkeeping requirements and civil rights compliance..

(3) If the department determines that OFB or their recipient agencies are not in compliance with applicable state or federal regulations, the department shall, within 30 working days of the close of the on-site evaluation, send OFB a corrective action notice that shall include at a minimum:

(a) A description of the identified deficiency;

(b) The possible causes of the deficiency;

(d) Any requirements for documenting corrective action taken.

(4) The department may take such remedial action as it deems appropriate including, but not limited to terminating its funding agreement with OFB and requiring repayment of partial or all program funding, if it determines (in its sole discretion) that the performance of OFB or any of its recipient agencies is deficient in any manner, including with respect to program requirements.

(5) The department will provide adequate notice and opportunity for an appeal prior to a remedial action that terminates organizational eligibility for program funding for cause.

(6) Appeals will be addressed to the assistant director or their designee whose decision may be further appealed to the department director.

(7) Issuance of a deficiency notice shall not constitute a waiver of other remedies available to the department or preclude the department from exercising such other remedies available to it under the funding agreement or other program requirements, at law or otherwise.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060
Renumbered from 813-220-0060, SSP 30-2015, f. & cert. ef. 10-9-15
OHCS 15-2015, f. & cert. ef. 8-25-15
Temporary Suspended by OHCS 20-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 10-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 3-2008, f. & cert. ef. 3-31-08
OHCS 3-2003, f. & cert. ef. 5-12-03
HSG 8-1993, f. & cert. ef. 10-1-93
HSG 8-1992, f. & cert. ef. 7-29-92, Renumbered from 410-090-0030
HR 2-1985, f. & cert. ef. 2-5-85

Division 192 OREGON HUNGER RESPONSE FUND

Or. Admin. R. 461-192-0000 Purpose and Objectives

(1) OAR chapter 461, division 192 establishes and implements the Oregon Hunger Response Fund, which is funded by General Fund moneys and carries out the Department’s responsibility as the lead public body in administering the state policy on hunger under ORS 458.530 to 458.545. The Oregon Hunger Response Fund is the means by which the Department allocates funds for the statewide network of food banks and emergency food programs to acquire food and new food sources, build network capacities and link emergency food clients to other services.

(2) The Oregon Food Bank, a nonprofit corporation organized under ORS Chapter 65, is the agency designated by the Department to coordinate distribution of food and funds in Oregon under the Oregon Hunger Response Fund. Under the program, the food is distributed through the recipient agencies to eligible households, which are those households with an income that does not exceed 300 percent of the federal poverty guideline. A portion of the funds are distributed to recipient agencies.

History

Statutory/Other Authority: ORS 411.060, 458.530 & 458.545
Statutes/Other Implemented: ORS 411.060
SSP 20-2025, amend filed 09/29/2025, effective 10/01/2025
SSP 17-2021, minor correction filed 02/18/2021, effective 02/18/2021
Renumbered from 813-250-0000, SSP 30-2015, f. & cert. ef. 10-9-15
Reverted to OHCS 4-2013, f. & cert. ef. 6-4-13
Temporary Suspended by OHCS 22-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 8-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 4-2013, f. & cert. ef. 6-4-13
OHCS 6-2012(Temp), f. & cert. ef. 12-6-12 thru 6-4-13
OHCS 4-2008, f. & cert. ef. 4-11-08
OHCS 4-2003, f. & cert. ef. 5-12-03
HSG 1-1994, f. & cert. ef. 3-2-94

Or. Admin. R. 461-192-0020 Administration

(1) The Oregon Food Bank may select and subcontract with recipient agencies to carry out activities of the Oregon Hunger Response Fund at the local level. A recipient agency is a regional food bank or other local public agency or private nonprofit agency that under the subcontracting agreement undertakes to relieve situations of emergency and distress by enabling the provision of food to other local nonprofit agencies for distribution to low income households.

(2) A recipient agency may provide Oregon Hunger Response Fund program services only if the agency has first entered into a subcontracting agreement with the Oregon Food Bank to serve as a recipient agency. The agreement must at least include provisions regarding the grant amount, conditions, effective date, terms of the contract, eligible services, fiscal and program report requirements, and audit requirements.

(3) A recipient agency may recommend guidelines to the Oregon Food Bank for the uses and disbursement of program funds.

(4) The Oregon Food Bank may use program funds to supplement but not supplant existing funds used in supporting the work of the recipient.

(5) Neither the Oregon Food Bank nor a recipient agency may require a program recipient to make any payments in money, materials or services for, or in connection with, the receipt of emergency food.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060
Renumbered from 813-250-0020, SSP 30-2015, f. & cert. ef. 10-9-15
Reverted to OHCS 4-2013, f. & cert. ef. 6-4-13
Temporary Suspended by OHCS 22-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 8-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 4-2013, f. & cert. ef. 6-4-13
OHCS 6-2012(Temp), f. & cert. ef. 12-6-12 thru 6-4-13
OHCS 4-2008, f. & cert. ef. 4-11-08
OHCS 4-2003, f. & cert. ef. 5-12-03
HSG 1-1994, f. & cert. ef. 3-2-94

Or. Admin. R. 461-192-0030 Eligible Activities

(1) The Oregon Food Bank and recipient agencies may use funds furnished through the Oregon Hunger Response Fund for:

(a) Capacity building activities and equipment purchases to strengthen or expand the infrastructure of recipient agencies to facilitate expansion of the food supply, including the transportation of commodities;

(b) Acquisition of food in bulk form and the repackaging and distribution of this food for household and congregate meal site use; and

(c) Linkage grants to recipient agencies for outreach to low income populations and under-served areas so that emergency food recipients can obtain nutrition education and other support services.

(2) The Oregon Food Bank and recipient agencies may use program funds to pay for reasonable administrative costs of the program.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060
Renumbered from 813-250-0030, SSP 30-2015, f. & cert. ef. 10-9-15
Reverted to OHCS 4-2013, f. & cert. ef. 6-4-13
Temporary Suspended by OHCS 22-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 8-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 4-2013, f. & cert. ef. 6-4-13
OHCS 6-2012(Temp), f. & cert. ef. 12-6-12 thru 6-4-13
OHCS 4-2008, f. & cert. ef. 4-11-08
OHCS 4-2003, f. & cert. ef. 5-12-03
HSG 1-1994, f. & cert. ef. 3-2-94

Or. Admin. R. 461-192-0040 Fiscal Control and Reporting Requirements

(1) The Oregon Food Bank and each recipient agency under the Oregon Hunger Response Fund:

(a) Shall maintain records that document the use of program funds for linkage and capacity building activities and the receipt and distribution of commodities purchased; and

(b) Shall maintain records of program activities and fiscal transactions for a period of three years and shall make the records available to the Department upon request.

(2) The Oregon Food Bank shall provide the Department:

(a) An annual audit of program activities and fiscal transactions within nine months following the end of the fiscal audit period; and

(b) A year-end report of linkage and capacity projects carried out by each recipient agency compiled from recipient agency annual reports; and

(c) An annual report regarding the type and amount of food acquired, purchased and repackaged by the Oregon Food Bank using the Oregon Hunger Response Fund.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060
Renumbered from 813-250-0040, SSP 30-2015, f. & cert. ef. 10-9-15
Reverted to OHCS 4-2013, f. & cert. ef. 6-4-13
Temporary Suspended by OHCS 22-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 8-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 4-2013, f. & cert. ef. 6-4-13
OHCS 6-2012(Temp), f. & cert. ef. 12-6-12 thru 6-4-13
OHCS 4-2008, f. & cert. ef. 4-11-08
OHCS 4-2003, f. & cert. ef. 5-12-03
HSG 1-1994, f. & cert. ef. 3-2-94

Division 194 TAX INFRASTRUCTURE GRANT PROGRAM

Or. Admin. R. 461-194-0000 Purpose and Objectives

The provisions of this rule are retroactively effective January 12, 2023. OAR chapter 461, division 194 establishes and implements the Tax Infrastructure Grant Program, which carries out the Department’s responsibility under House Bill 4117 (2022 short session). The grant program provides funding to culturally specific organizations (see OAR 461-194-0010), culturally responsive organizations (see OAR 461-194-0010), tribal governments (see OAR 461-194-0010), and under-served rural community organizations (see OAR 461-194-0010) that are engaged in income tax benefits education, navigation, and return preparation. The program’s objective is to provide free income tax services as well as education about income tax credits and other tax benefits to households with low income.

History

Statutory/Other Authority: ORS 411.060 & HB 4117 (Oregon 2022 short session)
Statutes/Other Implemented: HB 4117 (Oregon 2022 short session)
SSP 49-2023, adopt filed 11/29/2023, effective 12/01/2023
SSP 18-2023, temporary adopt filed 06/15/2023, effective 06/15/2023 through 12/11/2023
SSP 16-2023, temporary adopt filed 06/12/2023, effective 06/15/2023 through 12/11/2023

Or. Admin. R. 461-194-0010 Definitions

The provisions of this rule are retroactively effective January 12, 2023. Terms used in OAR chapter 461, division 194, are defined as follows, unless otherwise indicated by the context:

(1) “Culturally specific organizations” means an entity that provides services to a community in an organizational environment that is culturally focused, and the community being served recognizes it as a culturally specific entity that provides culturally and linguistically responsive services. The entity must have a record of successful community engagement and involvement with the community being served.

(2) “Culturally responsive organizations” means an entity that is designed to effectively meet the needs of individuals from diverse cultural backgrounds and experiences through an understanding and respect for the beliefs, practices, culture, and linguistic needs of the diverse populations and communities being served.

(3) “Department” means the Oregon Department of Human Services.

(4) “Tribal governments” means the sovereign governing bodies of the nine federally recognized tribes, confederated tribes, and tribal nations in Oregon:

(a) Burns Paiute Tribe;

(b) Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians;

(d) Confederated Tribes of Siletz Indians;

(e) Confederated Tribes of the Umatilla Indian Reservation;

(f) Confederated Tribes of Warm Springs;

(g) Cow Creek Band of Umpqua Tribe of Indians;

(h) Coquille Indian Tribe; and

(i) The Klamath Tribes.

(5) “Rural community organizations” means an entity serving a geographic area in Oregon that is at least ten miles from a population center of 40,000 people or more.

History

Statutory/Other Authority: ORS 411.060 & HB 4117 (Oregon 2022 short session)
Statutes/Other Implemented: HB 4117 (Oregon 2022 short session)
SSP 49-2023, adopt filed 11/29/2023, effective 12/01/2023
SSP 18-2023, temporary adopt filed 06/15/2023, effective 06/15/2023 through 12/11/2023
SSP 16-2023, temporary adopt filed 06/12/2023, effective 06/15/2023 through 12/11/2023

Or. Admin. R. 461-194-0020 Administration

The provisions of this rule are retroactively effective January 12, 2023. Grants awarded by the Tax Infrastructure Grant Program must meet at least one of the following:

(1) Strengthen the existing network of culturally specific organizations (see OAR 461-194-0010) and culturally responsive organizations (see OAR 461-194-0010) that provide tax preparation;

(2) Expand organizational capacity in geographically diverse areas of Oregon to improve access to tax navigation and tax preparation services;

(3) Improve the recruitment and retention of qualified tax preparers;

(4) Strengthen the technology resources and training systems available to tax preparers and volunteers; or

(5) Strengthen taxpayer outreach, education, and connections to communities by culturally specific organizations and culturally responsive organizations that provide tax navigation and preparation services.

History

Statutory/Other Authority: ORS 411.060 & HB 4117 (Oregon 2022 short session)
Statutes/Other Implemented: HB 4117 (Oregon 2022 short session)
SSP 49-2023, adopt filed 11/29/2023, effective 12/01/2023
SSP 18-2023, temporary adopt filed 06/15/2023, effective 06/15/2023 through 12/11/2023
SSP 16-2023, temporary adopt filed 06/12/2023, effective 06/15/2023 through 12/11/2023

Or. Admin. R. 461-194-0030 Eligible Activities

The provisions of this rule are retroactively effective January 12, 2023. Tax Infrastructure Grant Program grant recipients must use funds to assist households with low income by at least one of the following:

(1) Providing education about tax credits and other tax benefits available to individuals with low income;

(2) Assisting in navigation of the state and federal tax systems; or

(3) Filing income tax returns.

History

Statutory/Other Authority: ORS 411.060 & HB 4117 (Oregon 2022 short session)
Statutes/Other Implemented: HB 4117 (Oregon 2022 short session)
SSP 49-2023, adopt filed 11/29/2023, effective 12/01/2023
SSP 18-2023, temporary adopt filed 06/15/2023, effective 06/15/2023 through 12/11/2023
SSP 16-2023, temporary adopt filed 06/12/2023, effective 06/15/2023 through 12/11/2023

Or. Admin. R. 461-194-0040 Monitoring and Reporting Requirements

The provisions of this rule are retroactively effective January 12, 2023.

(1) The Department will conduct reviews, audits, and other compliance monitoring as it deems appropriate to verify compliance with grant agreements. Grant recipients will cooperate fully with the Department in its compliance monitoring.

(2) Grant recipients shall meet both of the following:

(a) Maintain records that document the use of grant funds for a period of three years and make the records available to the Department upon request; and

(b) Submit required reports and other data as specified in the grant agreement.

History

Statutory/Other Authority: ORS 411.060 & HB 4117 (Oregon 2022 short session)
Statutes/Other Implemented: HB 4117 (Oregon 2022 short session)
SSP 49-2023, adopt filed 11/29/2023, effective 12/01/2023
SSP 18-2023, temporary adopt filed 06/15/2023, effective 06/15/2023 through 12/11/2023
SSP 16-2023, temporary adopt filed 06/12/2023, effective 06/15/2023 through 12/11/2023

Division 195 LIENS, OVERPAYMENTS AND IPVS

Or. Admin. R. 461-195-0301 Definitions

For purposes of OAR 461-195-0301 to 461-195-0350, the following definitions apply:

(1) "Action" means an action, suit, or proceeding.

(2) "Applicant" means an applicant for assistance (see section (3) of this rule).

(3) "Assistance" means moneys for the needs of a recipient (see section (12) of this rule) and for the needs of other individuals living with the recipient whom the recipient has an obligation to support which are paid by the Department (see section (7) of this rule), CCO (see section (4) of this rule), or prepaid managed care health services organization (see section (11) of this rule) either directly to the recipient or to others for the benefit of the recipient . "Assistance" includes both cash and medical assistance programs. "Assistance" does not include SNAP benefits. The "assistance" must be directly related to the personal injury (see section (10) of this rule). "Assistance" is received by the recipient on the date of issuance of a check for cash assistance and the date of service for medical assistance, regardless of the actual payment date by the Department, CCO, or prepaid managed care health services organization .

(4) "CCO" means a Coordinated Care Organization as defined in OAR 410-141-0000.

(5) "Claim" means a legal action or a demand by, or on behalf of, a recipient for damages for or arising out of a personal injury which is against any person or public body, agency or commission other than the State Accident Insurance Fund Corporation or Workers' Compensation Board.

(6) "Compromise" means a compromise between a recipient and any person or public body, agency or commission against whom the recipient has a claim (see section (5) of this rule).

(7) "Department" means any combination of the Oregon Department of Human Services, the Department of Early Learning and Care, and the Oregon Health Authority.

(8) "Judgment" means a judgment in any action (see section (1) of this rule) or proceeding brought by a recipient to enforce the claim of the recipient .

(9) "Loan receipts" means an arrangement in which a CCO or prepaid managed care health services organization pays medical costs for or to the recipient , and the recipient agrees to repay the CCO or prepaid managed care health services organization from a recovery the recipient receives from a third party that injured the recipient , or any similar arrangement.

(10) "Personal injury" means a physical or emotional injury to an individual, for which the individual has a claim including, but not limited to, injuries arising from assault, battery, or medical malpractice.

(11) "Prepaid managed care health services organization" means a managed health, dental, or mental health care organization that contracts with the Department on a prepaid basis under the Oregon Health Plan (OHP) (see OAR 410-200-0015). A "prepaid managed care health services organization" may be a dental care organization, fully capitated health plan, mental health organization, physician care organization, chemical dependency organization, or CCO.

(12) "Recipient" means an individual who receives or received assistance or whose needs are or were included in a public assistance grant.

(13) "Settlement" means a settlement between a recipient and any person or public body, agency or commission against whom the recipient has a claim , and includes any agreement to pay, or payment of or compensation received by a recipient under Oregon Laws 2013, chapter 5.

(14) "Trust agreements" means an arrangement in which a CCO or prepaid managed care health services organization pays medical expenses for or to the recipient , and the recipient agrees to hold in trust for the prepaid managed care health services organization money from a recovery the recipient receives from a third party that injured the recipient , or any similar arrangement.

History

Statutory/Other Authority: ORS 409.050, 410.070, 411.060, 411.070, 412.049, 413.033, 413.042 & OLs 2013 Ch 14 sec. 10
Statutes/Other Implemented: 411.060, 411.070, 412.049, 413.033, 413.042, ORS 409.010 & 416.510 - 416.610
SSP 20-2023, amend filed 06/22/2023, effective 07/01/2023
SSP 15-2015, f. 3-30-15, cert. ef. 4-1-15
SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06
AFS 26-1993, f. 10-29-93, cert. ef. 11-1-93, Renumbered from 461-010-0100
AFS 62-1989, f. 10-5-89, cert. ef. 10-15-89

Or. Admin. R. 461-195-0303 Personal Injury Claim

(1) The Personal Injury Liens program is designated and authorized to administer the personal injury lien program for the Oregon Heath Authority (the Authority) and the Oregon Department of Human Services (the Department) (see OAR 461-195-0301). To administer the program, the Personal Injury Liens program is also authorized to:

(a) Prepare and file liens;

(b) Assign lien authority to a CCO (see OAR 461-195-0301) or a prepaid managed care health services organization (see 461-195-0301) for medical costs paid by a CCO or prepaid managed care health services organization to or on behalf of an applicant (see 461-195-0301) or recipient (see 461-195-0301) arising from any personal injury (see 461-195-0301);

(c) Assert any rights or remedies, including filing a complaint in court, arising from an assignment of right to payment acquired by the Authority in accordance with ORS 659.830 and 743.847, from an applicant or recipient ; and

(d) Assert any rights or remedies granted in ORS 416.580 or 416.610.

(e) Issue subpoenas under ORS 411.593 or 413.037.

(2) Subpoenas require approval of an Office of Payment Accuracy and Recovery manager or policy analyst.

(3) By applying for and receiving medical assistance, an applicant or recipient automatically assigns to the Authority and the Department any rights to payment from any third party liable for medical costs paid by medical assistance to or on behalf of an applicant or recipient arising from any personal injury .

(4) An applicant or recipient of assistance (see OAR 461-195-0301), except HSD medical programs (see 461-001-0000), must pursue a personal injury claim (see 461-195-0301) in accordance with 461-120-0330 (Requirement to Pursue Assets).

(5) An applicant or recipient of HSD medical programs assistance must pursue a personal injury claim in accordance with OAR 410-200-0220 (Requirement to Pursue Assets).

(6) An applicant or recipient must cooperate with the Personal Injury Liens Unit, CCO, or prepaid managed care health services organization to:

(a) Identify any third party liable or potentially liable for medical costs paid by the Department, the Authority, CCO, or prepaid managed care health services organization to or on behalf of an applicant or recipient arising from any personal injury ;

(b) Provide information about liability or other insurance that may cover or pay for medical costs paid by the Department, the Authority, CCO, or prepaid managed care health services organization to or on behalf of an applicant or recipient arising from any personal injury ;

(c) Complete a MSC 0451, MSC 0451NV, or similar online form as required by the Personal Injury Liens Unit, CCO, or prepaid managed care health services organization ;

(d) Provide other information as required by the Personal Injury Liens Unit, CCO, or prepaid managed care health services organization to assist in pursuing payment from any third party who may be liable for medical costs paid by the Department, the Authority, CCO, or prepaid managed care health services organization to or on behalf of an applicant or recipient arising from any personal injury ;

(e) Appear as a witness in court, administrative hearing, or other proceeding arising from any personal injury ; and

(f) Pay to the Department any medical damages received by the recipient that are subject to the Department’s lien or assignment of rights to payments.

(7) An applicant or recipient of HSD medical programs assistance who fails to comply with section (6) of this rule is ineligible for benefits until the individual meets the requirements of section (6) of this rule, or has good cause (see OAR 410-200-0220) not to comply.

(8) An applicant or recipient of assistance , other than HSD medical programs , who fails to comply with section (6) of this rule is ineligible for benefits until the individual meets the requirements of section (6) of this rule, or has good cause (see OAR 461-120-0330) not to comply.

(9) For all programs, the existence of a claim for damages for a personal injury does not make an applicant or recipient ineligible for program benefits.

History

Statutory/Other Authority: ORS 409.050, 411.060, 416.510 - 416.610 & 413.085
Statutes/Other Implemented: ORS 411.630, 411.632, 411.635, 411.640, ORS 411.620, 413.085, 42 CFR 433.146(c) & 42 USC 1396k
SSP 30-2024, amend filed 03/26/2024, effective 04/01/2024
SSP 19-2021, minor correction filed 02/18/2021, effective 02/18/2021
SSP 18-2021, minor correction filed 02/18/2021, effective 02/18/2021
SSP 8-2019, amend filed 03/13/2019, effective 04/01/2019
SSP 15-2015, f. 3-30-15, cert. ef. 4-1-15
SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06
AFS 26-1993, f. 10-29-93, cert. ef. 11-1-93, Renumbered from 461-195-0300
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

Or. Admin. R. 461-195-0305 Lien of the Department, Coordinated Care Organization, or Prepaid Managed Care Health Services Organization

(1) Whenever a recipient (see OAR 461-195-0301) has a claim (see OAR 461-195-0301) for damages for a personal injury (see OAR 461-195-0301), the Department (see OAR 461-195-0301) shall have a lien upon the amount of any judgment (see OAR 461-195-0301) in favor of a recipient or amount payable to the recipient under a settlement (see OAR 461-195-0301) or compromise (see OAR 461-195-0301) as a result of that claim for all assistance (see OAR 461-195-0301) received from the date of the injury to –

(a) The date of satisfaction of the judgment favorable to the recipient ; or

(b) The date of the payment under the settlement or compromise .

(2) The person or public body, agency or commission bound by the judgment , settlement , or compromise shall be responsible for immediately informing the Personal Injury Liens Unit (see OAR 461-195-0310 for address) when a judgment has been issued or a settlement or compromise has been reached so that the exact amount of the lien of the Department may be determined. For the purposes of this rule, immediately means within ten calendar days.

(3) The lien does not attach to the amount of any judgment , settlement , or compromise to the extent of the attorney fees, costs and expenses which the recipient incurred in order to obtain that judgment , settlement , or compromise .

(4) The lien does not attach to the amount of any judgment , settlement , or compromise to the extent of medical, surgical and hospital expenses incurred by the recipient on account of the personal injuries for which the recipient had a claim or action (see OAR 461-195-0301). “Incurred” refers only to those medical, surgical and hospital expenses the recipient has paid or is legally obligated to pay at the time of the judgment , settlement , or compromise , excluding any expenses that a third party will reimburse the recipient .

(5) The lien of the Department must be satisfied or specific approval must be given by the Department staff of the Personal Injury Liens Unit before any portion of the claim judgment , settlement , or compromise is released to the recipient . The Department shall have a cause of action against any person, public body, agency, or commission bound by the judgment , settlement , or compromise who releases any portion of the claim judgment , settlement , or compromise to the recipient or the agent of the recipient before meeting this obligation.

(6) This rule applies to any lien assigned by the Department under OAR 461-195-0321.

(7) Notwithstanding any other provision in this rule, there is a rebuttable presumption that the entire proceeds from any judgment , settlement , or compromise are in payment for medical care or services. The presumption may be rebutted only by clear and convincing evidence. This presumption applies to any lien created under ORS 416.540, regardless of whether the lien, judgment , settlement , compromise , or claim occurred before, on, or after October 1, 2017.

History

Statutory/Other Authority: ORS 409.050, 411.060, 413.085 & 414.685
Statutes/Other Implemented: ORS 659.830, 743B.470, 409.010, 411.060, 413.085, 414.685, 416.351 & 416.510 - 416.610
SSP 28-2018, amend filed 09/06/2018, effective 10/01/2018
SSP 19-2018, temporary amend filed 05/04/2018, effective 05/04/2018 through 09/30/2018
SSP 33-2017, amend filed 12/08/2017, effective 01/01/2018
SSP 27-2017, temporary amend filed 10/04/2017, effective 10/04/2017 through 03/31/2018
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06
AFS 26-1993, f. 10-29-93, cert. ef. 11-1-93, Renumbered from 461-010-0105
AFS 62-1989, f. 10-5-89, cert. ef. 10-15-89

Or. Admin. R. 461-195-0310 Notice of Claim or Action by Applicant or Recipient

(1) Within 10 days after a claim (see OAR 461-195-030) or action (see OAR 461-195-0301) to enforce a claim is initiated on behalf of an applicant (see OAR 461-195-0301 or recipient (see OAR 461-195-0301), or, if the claim or action was initiated prior to the application for assistance (see OAR 461-195-0301), then at the time of application, the first existing person on the following list who is enforcing the claim or action must notify the Department (see OAR 461-195-0301) and any CCO (see OAR 461-195-0301) that provided services to the applicant or recipient after the personal injury (see OAR 461-195-0301):

(a) Any attorney;

(b) Any personal representative, as defined in ORS 111.005, or any affiant, as defined in ORS 114.505, for the estate of the applicant or recipient ;

(d) Any guardian;

(e) Any personal representative ,as defined in OAR 407-014-0000;

(f) Any authorized representative , as defined in OAR 410-200-0015 or 461-115-0090;

(g) Any resource parent or foster parent;

(h) Any caretaker relative, as defined in OAR 461-001-0000;

(i) Any parent of the applicant or recipient ; or

(j) The applicant or recipient .

(2) Within 10 days after entry of any judgment on a claim or the execution of any settlement or compromise of a claim ,the first existing person on the following list must notify the Department and any CCO that provided assistance to the applicant or recipient after the personal injury:

(a) Any attorney representing a party against whom the claim was made or action to enforce the claim was initiated;

(b) Any insurer making payment on the judgment, settlement, or compromise; or

(3) The notifications required under sections (1) and (2) of this rule must include –

(a) The names and addresses of all parties against whom the action is brought or claim is made;

(b) A copy of each claim demand;

(d) A copy of any judgment, settlement or compromise of the claim or action to enforce the claim; and

(e) For notices submitted through the injury reporting website (see section 4 of this rule) the notification may be required to include:

(A) Information regarding the recipient or applicant,

(B) Information regarding the attorney, and

(4) Notification required under section (1) of this rule must be sent to the Personal Injury Liens Unit, Office of Payment Accuracy and Recovery, Oregon Department of Human Services, as follows:

(a) When theparty required to provide notice is an attorney or insurer, notification must be sent through the secure injury reporting portal website. The website for the Personal Injury Lien Unit’s secure injury reporting portal is https://apps.oregon.gov/OPAR/PIL/

(b) When the party required to provide notice is not anattorney or insurer, by mail, facsimile, or through the injury reporting portal website.

(A) The mailing address for the Personal Injury Liens Unit is: Personal Injury Liens Unit, PO Box 14512, Salem OR 97309-0416.

(B) The facsimile number for the Personal Injury Liens Unit is (503) 378-2577 and the telephone number is (503) 378-4514.

(5) Other than notices submitted through the injury reporting website, notices required by ORS 416.530 to be sent to the Oregon Health Authority (Authority) may be consolidated with similar notices to the Department and sent to the Personal Injury Liens Unit. A consolidated notice is considered notice to the Authority if the Authority’s interest or claim in the matter is identified in the notice consistent with requirements in the applicable statute. (See also OAR 943-001-0020(2)(e))

(6) At least 30 days prior to commencing an action under ORS 416.610, the Personal Injury Liens Unit and the CCO, if any, must consult with each other.

History

Statutory/Other Authority: ORS 409.050, 410.070, 411.060, 411.070, 412.049, 413.033, 413.042, 413.085, 414.619 & 416.570
Statutes/Other Implemented: ORS 409.050, 410.070, 411.060, 411.070, 412.049, 413.033, 413.042, 413.085, 414.619, 416.570, 416.510, 416.530 & 416.610
SSP 11-2023, amend filed 03/22/2023, effective 04/01/2023
SSP 25-2015, f. 9-29-15, cert. ef. 10-1-15
SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06
AFS 13-2002, f. & cert. ef. 10-1-02
AFS 5-2002, f. & cert. ef. 4-1-02
AFS 26-1993, f. 10-29-93, cert. ef. 11-1-93, Renumbered from 461-010-0110
AFS 62-1989, f. 10-5-89, cert. ef. 10-15-89

Or. Admin. R. 461-195-0315 Notice of Determination of Lien by Department

Where the Department determines that it has a lien pursuant to OAR 461-195-0305, the Department shall:

(1) Notify the recipient of the Department’s determination;

(2) File a notice of lien with the county recording officer as provided in ORS 416.550(a); and

(3) Send, by registered or certified mail, a certified copy of the Notice of Lien filed pursuant to section (2) of this rule to each person or public body, agency or commission against whom the claim is made or action is brought by or on behalf of the recipient.

History

Statutory/Other Authority: ORS 409.050, 411.060 & 416.510 - 416.610
Statutes/Other Implemented: ORS 25.020, 25.080, 409.020 & 411.060
SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06
AFS 26-1993, f. 10-29-93, cert. ef. 11-1-93, Renumbered from 461-010-0115
AFS 62-1989, f. 10-5-89, cert. ef. 10-15-89

Or. Admin. R. 461-195-0320 Release of Lien for Future Medicals

(1) To qualify for consideration of a full or partial release of the State’s share of the Department’s lien (including the amount of an assigned lien) pursuant to ORS 416.600, the recipient must demonstrate, through documentation satisfactory to the Department, that:

(a) As a result of the personal injury for which the recipient has a claim, the recipient has a medical condition which will require future medical treatment;

(b) The nature of future medical treatment;

(d) The anticipated cost of the future medical treatment;

(e) The amount of the settlement, compromise, or judgment awarded the recipient;

(f) Timely compliance by the recipient with the notification requirements; and

(g) Any other documentation requested by the Department.

(2) In considering a request for a full or partial release of a lien pursuant to ORS 416.600, the Department may take into account:

(a) Whether the recipient has provided the documentation required by section (1) of this rule;

(b) Whether the future medical treatment is likely to occur in the near future. The Department will evaluate this factor in light of the nature and certainty of the type of medical treatment anticipated;

(c) Whether the amount of the settlement, compromise, or judgment is sufficient to pay the future medicals and all or part of the Department's lien;

(d) Whether the recipient has or is likely to have another source for payment of the future medical expenses;

(e) The effect, if any, of the requested release on the continuing eligibility for future medical or public assistance of the recipient;

(f) Any other factor deemed relevant by the Department, including information received from a prepaid managed health care services organization;

(g) In the event the recipient is a minor, the provisions of OAR 461-195-0350 may apply.

(3) In no case will the Department consider a request for a partial or full lien release pursuant to ORS 416.600 unless the recipient and the liable third party have entered into a final, binding settlement or compromise agreement or the recipient has received a final judgment. In every case, the lien amount that represents the federal share of Title XIX or Title XXI payments must be repaid to the federal government and shall not be subject to partial or full lien release.

History

Statutory/Other Authority: ORS 416.510 - 416.600
Statutes/Other Implemented: ORS 25.020, 25.080, 409.020 & 411.060
SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06
AFS 14-1995, f. 6-30-95, cert. ef. 7-1-95

Or. Admin. R. 461-195-0321 Assigning a Lien

(1) The Personal Injury Liens Unit may assign a lien to a CCO (see OAR 461-195-0301) or prepaid managed care health services organization (see 461-195-0301) for the amount of covered health services (as defined in Oregon Health Plan Rules, OAR Division 410-141 and the General Rules, OAR Division 410-120, or other Department (see 461-195-0301) rules establishing covered medical assistance) for a recipient (see 461-195-0301) arising from a personal injury (see 461-195-0301) during the period the Department paid a CCO or prepaid managed care health services organization to provide covered health services to a recipient.

(2) A CCO or prepaid managed care health services organization, within 30 days of receiving notice that an applicant (see OAR 461-195-0301) or recipient has a claim (see 461-195-0301) or action (see 461-195-0301), must give notice to the Personal Injury Liens Unit, and provide additional information as requested by the Personal Injury Liens Unit.

(3) A CCO or prepaid managed care health services organization shall not use loan receipts (see OAR 461-195-0301), trust agreements (see 461-195-0301), or similar arrangements to seek reimbursement from an applicant, recipient, or third party.

(4) The assignment described in section (1) of this rule is made only if the CCO or prepaid managed care health services organization makes a request for an assignment from the Personal Injury Liens Unit, after giving the notice required in section (2) of this rule.

(5) The amount of the lien that may be assigned does not include amounts excluded from a lien according to OAR 461-195-0305(3) and (4), 461-195-0320, or 461-195-0350.

(6) For purposes of ORS 416.510 to 416.610, assignment of the lien establishes the CCO or prepaid managed care health services organization as a designee of the Department in relation to the lien, pursuant to ORS 416.540(5), which designation shall include the following:

(a) As the Department’s designee, the CCO or prepaid managed care health services organization is subject to these rules in the pursuit of the assigned lien and any actions taken by the CCO or prepaid managed care health services organization to settle, compromise (see OAR 461-195-0301), or release the assigned lien.

(b) The CCO or prepaid managed care health services organization shall copy the Personal Injury Liens Unit on all documentation related to the assigned lien, including communications with the person or public body, agency or commission against whom a claim is made or an action is brought in relation to settlement (see OAR 461-195-0301), compromise, or release of the assigned lien. This requirement may be met by listing the Personal Injury Liens Unit on the "cc" portion of the documentation or certificate of service, and sending a copy to the Personal Injury Liens Unit when the document is sent or filed.

(c) The Personal Injury Liens Unit may require the use of forms and procedures related to the assignment of liens and notices and the efficient administration of these rules to minimize redundancy in communications with a recipient and the parties to a claim or action.

(7) The form of notice of lien that may be assigned to a CCO or prepaid managed care health services organization shall comply with ORS 416.560, with the CCO or prepaid managed care health services organization assigned as the designee. Upon receiving assignment of a lien from the Personal Injury Liens Unit, the CCO or prepaid managed care health services organization shall perfect the lien as required by ORS 416.550. A CCO or prepaid managed care health services organization with an assigned lien shall notify the Personal Injury Liens Unit no later than 10 calendar days after filing the notice of the lien.

(8) A CCO or prepaid managed care health services organization with an assigned lien shall perfect the lien and document actions taken to recover under the lien. Consequences for failure to comply with requirements for perfecting the lien and recovering under the lien are the responsibility of the CCO or prepaid managed care health services organization and shall not prevent the Personal Injury Liens Unit from recovering amounts due the Department pursuant to the lien or from the statutory assignment of right to payment from the recipient.

(9) Immediately after a judgment (see OAR 461-195-0301) has been rendered in favor of a recipient or a settlement or compromise has been agreed upon, the person or public body, agency or commission bound by such judgment, settlement, or compromise shall notify the Personal Injury Liens Unit. If a CCO or prepaid managed care health services organization perfected a lien, the person or public body, agency or commission shall notify the CCO or prepaid managed care health services organization.

(a) If the CCO or prepaid managed care health services organization receives such notification on an assigned lien, the CCO or prepaid managed care health services organization shall provide a copy to the Personal Injury Liens Unit within 10 calendar days of receipt.

(b) After notification, the Personal Injury Liens Unit shall send a statement of the amount of the lien to the person or public body, agency or commission by certified mail with return receipt.

(c) After notification, if a CCO or prepaid managed care health services organization filed a notice of lien, the CCO or prepaid managed care health services organization shall send a statement of the amount of the lien to the person or public body, agency or commission.

(10) A lien assigned by the Department to a CCO or prepaid managed care health services organization is subject to release or compromise as described in OAR 461-195-0325.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 413.033, 413.042, 416.350, 416.351, Or Laws 2013, ch 14 & sec. 10
Statutes/Other Implemented: ORS 409.050, 411.060, 411.070, 413.033, 413.042, 416.350, 416.351, 416.510, 416.540, 416.560, 416.570, Or Laws 2013, ch 14 & sec. 10
SSP 15-2015, f. 3-30-15, cert. ef. 4-1-15
SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06
AFS 27-2001, f. 12-21-01, cert. ef. 1-1-02

Or. Admin. R. 461-195-0325 Release or Compromise of Lien

(1) If the Department has not assigned a lien to a prepaid managed care health services organization (organization) or if the organization failed to perfect its assigned lien, the Department may release or compromise its lien — for the amount of the settlement, compromise, or judgment that is subject to the lien — and distribute collections under its lien as follows:

(a) To the Department, an amount equal to the State share of Department's assistance expenditures for the amount of the settlement, compromise, or judgment that is subject to the lien.

(b) To the federal government, the federal share of the Department's assistance expenditures for the amount of the settlement, compromise, or judgment that is subject to the lien, pursuant to applicable law.

(c) To the recipient, any remaining amount after distributions provided for in subsections (a) and (b) of this section. The amount distributed to the recipient must be treated as income or resources consistent with applicable law.

(2) If the Department has assigned a lien to a prepaid managed care health services organization (organization) and the organization properly perfected its lien, the Department and the organization may release or compromise and distribute collections under the liens for the amount of the settlement, compromise, or judgment that is subject to the lien, consistent with OAR 461-195-0305(5), as follows:

(a) To the Department, an amount equal to the State share of assistance and the federal share of medical assistance expenditures for the amount of the settlement, compromise, or judgment that is subject to the lien.

(b) The Department will reimburse to the federal government, the federal share of the State assistance expenditures for the amount of the settlement, compromise, or judgment that is subject to the lien for which federal match was claimed by the Department.

(c) To the organization, the assistance expenditures subject to the lien by the organization except as otherwise provided in subsections (a) and (b) of this section.

(d) To the recipient, the amount remaining after the distributions provided for in subsections (a), (b), and (c) of this section. The amount distributed to the recipient must be treated as income or resources consistent with applicable law.

(e) As between the Department and the organization after the distributions provided for in subsections (a), (b), (c) and (d) of this rule, ORS 416.540(6) requires that the Department's lien must be satisfied first.

History

Statutory/Other Authority: ORS 409.050, 411.060 & 416.510 - 416.610
Statutes/Other Implemented: ORS 25.020, 25.080, 409.020, 411.060 & 416.510-416.610
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06
AFS 27-2001, f. 12-21-01, cert. ef. 1-1-02
AFS 18-1991, f. 9-30-91, cert. ef. 10-1-91

Or. Admin. R. 461-195-0350 Procedure Where Injured Recipient is a Minor

(1) Where the injured recipient is a minor, the Department may petition the court having probate jurisdiction in the county in which the minor lives to determine the sum that will be needed for the minor's complete physical rehabilitation. Except to the extent that of the federal share of the amount of a lien, the lien of the Department, including any lien assigned to a prepaid managed care health services organization, shall not attach to the amount of any sum needed for the rehabilitation.

(2) If the recipient is a minor, no payments to the Department in satisfaction of its lien and no payments to the recipient under a judgment, settlement, or compromise may be made until a hearing has taken place and the court has issued its order under ORS 416.590.

History

Statutory/Other Authority: ORS 409.050, 411.060 & 416.510 - 416.610
Statutes/Other Implemented: ORS 25.020, 25.080, 409.020 & 411.060
SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06
AFS 26-1993, f. 10-29-93, cert. ef. 11-1-93, Renumbered from 461-010-0150
AFS 62-1989, f. 10-5-89, cert. ef. 10-15-89

Or. Admin. R. 461-195-0501 Definitions and Categories of Overpayments

This rule applies to benefits and services delivered under chapters 410, 411, 414, and 461 of the Oregon Administrative Rules.

(1) "Overpayment" means:

(a) A benefit or service received by or on behalf of a recipient (see OAR 461-195-0301), or a payment made by the Department (see OAR 461-195-0301) on behalf of a recipient , that exceeds the amount for which the recipient is eligible.

(b) A payment made by the Department and designated for a specific purpose which is spent by a person on an expense not approved by the Department.

(A) In the Refugee Assistance (REF) program, there is a rebuttable presumption that the full amount of cash benefits was improperly spent in violation of OAR 461-165-0010(8)(a) when cash benefits are used or accessed in Oregon, outside of Oregon, or on Tribal lands at:

(i) Any liquor store (see OAR 461-165-0010);

(ii) Any casino, gambling casino, or gaming establishment (see OAR 461-165-0010);

(iii) Any retail establishment that provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment; or

(iv) Any marijuana dispensary.

(B) In the State Family Pre-SSI/SSDI (SFPSS) and Temporary Assistance for Needy Families (TANF) programs, there is a rebuttable presumption that the full amount of cash benefits was improperly spent in violation of OAR 461-165-0010(9)(a) when cash benefits are used or accessed in Oregon, outside of Oregon, or on Tribal lands at:

(i) Any liquor store ;

(ii) Any casino, gambling casino, or gaming establishment ;

(iii) Any retail establishment that provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment; or

(iv) Any marijuana dispensary.

(C) The rebuttable presumptions in paragraphs (A) and (B) of this section also apply when an individual in a location covered in paragraphs (A) or (B) uses or accesses cash benefits from a private bank account.

(A) Is paid to an ineligible provider;

(B) Exceeds the amount for which a provider is eligible;

(C) Is paid when the recipient was not engaged in an activity that made the recipient eligible for child care, such as an activity of the Job Opportunity and Basic Skills (JOBS) program (see OAR 461-001-0025 and OAR 461-190-0151 to OAR 461-190-0401); or

(D) Is paid when the recipient was not eligible for child care benefits.

(d) A misappropriated payment when a person cashes and retains the proceeds of a check from the Department on which that person is not the payee and the check has not been lawfully endorsed or assigned to the person.

(e) A benefit or service provided for a need when that person is compensated by another source for the same need and the person fails to reimburse the Department when required to do so by law.

(f) A cash benefit received by an individual in the General Assistance (GA) or SFPSS programs for each month for which the recipient receives a retroactive Supplemental Security Income (SSI) lump sum payment.

(g) In the Temporary Assistance for Domestic Violence Survivors (TA-DVS) program, a payment made by the Department to an individual or on behalf of an individual when the individual intentionally and without intimidation or coercion by an abuser:

(A) Makes a false or misleading statement or misrepresents, conceals, or withholds information for the purpose of establishing eligibility (see OAR 461-001-0000) for or receiving a benefit from the TA-DVS program; or

(B) Commits any act intended to mislead or misrepresent, conceal, or withhold information for the purpose of establishing eligibility for or receiving a benefit from the TA-DVS program.

(2) The Department may establish an overpayment for the initial month (see OAR 461-001-0000) of eligibility under circumstances including, but not limited to:

(a) The filing group (see OAR 461-110-0310 and 414-175-0015), ineligible student, or authorized representative (see OAR 461-115-0090 and 414-175-0002) withheld information;

(b) The filing group, ineligible student, or authorized representative provided inaccurate information;

(c) The Department failed to use income reported as received or anticipated in determining the benefits of the filing group; or

(d) The error was due to an error in computation or processing by the Department.

(3) Retroactively effective April 21, 2021, for medical assistance the Department:

(a) Shall not establish an administrative error overpayment,

(b) Shall not establish a client error overpayment unless an individual received unreduced liability or unreduced benefits pending a contested case hearing decision or other final order favorable to the Department, and

(c) May establish a fraud overpayment when a court determines the individual made a false or misleading statement or misrepresented, concealed, or withheld a fact for the purpose of establishing or maintaining eligibility.

(4) Overpayments are categorized as follows:

(a) An administrative error overpayment is an overpayment caused by any of the following circumstances:

(A) The Department fails to reduce, suspend, or end benefits after timely reporting by the filing group, ineligible student, or authorized representative of a change covered under OAR 461-170-0011 or 414-175-0060 and that reported change requires the Department to reduce, suspend, or end benefits;

(B) The Department fails to use the correct benefit standard;

(C) The Department fails to compute or process a payment correctly based on accurate information timely provided by the filing group, ineligible student, or authorized representative ;

(D) In the GA and SFPSS programs, the Department fails to require a recipient to complete an interim assistance agreement; or

(E) The Department commits a procedural error that was no fault of the filing group, ineligible student, or authorized representative .

(b) A client error overpayment is any of the following:

(A) An overpayment caused by the failure of a filing group, ineligible student, or authorized representative to declare or report information or a change in circumstances as required under OAR 461-170-0011 or 414-175-0060, including information available to the Department, that affects the recipient’s eligibility to receive benefits or the amount of benefits.

(B) A recipient's unreduced liability or receipt of unreduced benefits pending a contested case hearing decision or other final order favorable to the Department.

(D) A recipient's use of a JOBS or SFPSS program support payment (see OAR 461-190-0211) for other than the intended purpose.

(E) A payment for child care when the recipient was not eligible for child care benefits.

(F) The failure of a recipient to pay their entire share of the cost of services or the participant fee (see OAR 461-160-0610 and 461-160-0800) in the month in which it is due.

(G) In the REF, SFPSS, and TANF programs, an overpayment caused by the recipient using or accessing cash benefits in any electronic benefit transaction in any liquor store; casino, gambling, or gaming establishment ; retail establishment that provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment; or marijuana dispensary (see OAR 461-165-0010).

(c) A fraud overpayment is an overpayment determined to be an intentional program violation (see OAR 461-195-0601 and 461-195-0611) or substantiated through a court determining the individual made a false or misleading statement or misrepresented, concealed, or withheld a fact for the purpose of establishing or maintaining eligibility .

(d) In the Supplemental Nutrition Assistance Program (SNAP), a provider error overpayment is an overpayment made to a drug or alcohol treatment center or residential care facility that acted as a recipient's authorized representative .

(e) In a child care program, a provider error overpayment is a payment made by the Department on behalf of a recipient to a child care provider when:

(A) Paid to an ineligible provider; or

(B) The payment exceeds the amount for which a provider is eligible.

(5) When an overpayment is caused by both an administrative and client error in the same month, the Department determines the primary cause of the overpayment and assigns as either an administrative or client error overpayment .

(6) In the TANF and TA-DVS programs, when an overpayment puts the recipient at greater risk of domestic violence (see OAR 461-001-0000), the overpayment is waived (see OAR 461-135-1200).

(7) Except as provided in section (8) of this rule, the Department establishes an overpayment when the following thresholds are exceeded:

(a) Administrative error overpayments concerning:

(A) Cash and child care programs, when the amount is greater than $200;

(B) SNAP open case, when the amount is greater than $100; and

(b) Client error overpayments in:

(A) Cash and child care programs, when the amount is greater than $200;

(B) SNAP open case, when the amount is greater than $100; and

(A) Cash and child care programs, when the amount is greater than $200;

(B) SNAP open case, when the amount is greater than $100;

(8) There are no overpayment thresholds in all of the following situations:

(a) In SNAP program:

(A) If the overpayment was identified in a quality control review.

(B) If the overpayment was caused by the Department by not removing a member of the filing group timely when benefits are requested for that individual on another case.

(b) In all programs, if the overpayment was caused by a recipient's receipt of continuing benefits in a contested case.

(c) In all programs except Summer EBT (SEBT), if the overpayment was caused by possible fraud by a recipient or provider.

(9) In the SEBT program, the Department (see 461-196-0020) establishes an overpayment when OAR 461-196-0160 subsections (1)(a) through (1)(c) are true.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.081, 411.404, 411.816, 412.001, 412.014, 412.049 & HB 2089 (2013 Section 10)
Statutes/Other Implemented: 411.060, 411.070, 411.081, 411.404, 411.816, 412.001, 412.014, 412.049, ORS 409.010, 411.620, 411.640, 411.690, 411.892, 414.025, 416.350, 7 CFR 273.18, 42 U.S.C. 608 & 412.072
SSP 20-2025, amend filed 09/29/2025, effective 10/01/2025
SSP 58-2024, amend filed 11/27/2024, effective 12/01/2024
SSP 47-2024, temporary amend filed 08/23/2024, effective 08/23/2024 through 02/18/2025
SSP 31-2024, minor correction filed 04/25/2024, effective 04/25/2024
SSP 20-2023, amend filed 06/22/2023, effective 07/01/2023
SSP 29-2022, amend filed 02/24/2022, effective 03/01/2022
SSP 46-2021, temporary amend filed 09/10/2021, effective 09/10/2021 through 03/08/2022
SSP 27-2021, amend filed 03/24/2021, effective 04/01/2021
SSP 45-2016, f. 12-20-16, cert. ef. 1-1-17
SSP 23-2016, f. 6-28-16, cert. ef. 7-1-16
SSP 19-2015, f. & cert. ef. 7-1-15
SSP 9-2014, f. & cert. ef. 4-1-14
SSP 36-2013(Temp), f. & cert. ef. 11-1-13 thru 4-30-14
SSP 23-2013, f. & cert. ef. 9-20-13
SSP 7-2013(Temp), f. & cert. ef. 3-25-13 thru 9-21-13
SSP 25-2011, f. 9-30-11, cert. ef. 10-1-11
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
SSP 13-2009, f. & cert. ef. 7-1-09
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 15-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 3-29-08
SSP 14-2007, f. 12-31-07, cert. ef. 1-1-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08
SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05
SSP 33-2003, f. 12-31-03, cert. ef. 1-4-04
AFS 12-2001, f. 6-29-01, cert. ef. 7-1-01
AFS 7-2001(Temp), f. & cert. ef. 4-4-01 thru 6-30-01
AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00

Or. Admin. R. 461-195-0521 Calculation of Overpayments

This rule specifies how the Department calculates an overpayment (see OAR 461-195-0501).

(1) The Department calculates an overpayment by determining the amount the individual received, or the payment made by the Department on behalf of the individual that exceeds the amount for which the individual was eligible.

(2) When a filing grou p (see OAR 461-110-0310, 461-196-0020 and OAR 414-175-0015), HSD medical programs (see OAR 461-001-0000) eligibility determination group (see OAR 410-200-0015), ineligible student, or authorized representative (see OAR 461-115-0090 and OAR 410-200-0015) fails to report income, the Department establishes, calculates and determines the overpayment by assigning unreported income to the applicable budget month without averaging the unreported income, except:

(a) An individual’s earned income reported quarterly from the Employment Department is considered received by the individual in equal amounts during the months identified in the report.

(b) In the Employment Related Day Care (ERDC), Refugee Assistance (REF), Summer EBT (SEBT), Supplemental Nutrition Assistance Program (SNAP), and Temporary Assistance for Needy Families (TANF) programs, an individual’s actual self-employment income is annualized retrospectively to calculate the overpayment .

(c) In the HSD medical programs , if actual income is not available for the months in which an overpayment occurred, an individual’s actual self-employment income (see OAR 410-200-0015) received during the year when an overpayment occurred is annualized to calculate an overpayment .

(d) In all programs, if verification of self-employment income is not provided to the Department following the issuance of a subpoena, or is not yet available to the individual, self-employment income from a prior year is annualized prospectively to calculate an overpayment. There is a rebuttable presumption that self-employment income from the prior year is representative of actual self-employment income for the time of overpayment. The presumption may be rebutted only by clear and convincing evidence.

(3) The Department establishes, calculates, and determines an administrative error overpayment (see OAR 461 195 0501) based on information initially provided by a filing group, ineligible student, or authorized representative. The Department may calculate the administrative error overpayment by using any of the following:

(a) Correct prospective budgeting (see OAR division 461-150 and OAR 414-175-0040) based on information initially provided; or if it results in a lower overpayment amount;

(b) Actual income; or

(4) When using prospective budgeting (see OAR division 461-150 or OAR 414-175-0040) and the actual income differs from the amount determined under OAR 461-150-0020(2) or OAR 414-175-0040, there may be a client error overpayment (see OAR 461-195-0501) only when the filing group, ineligible student, or authorized representative withheld information, failed to report a change, or provided inaccurate information. In such a case, the Department uses the actual income to determine the amount of an overpayment .

(5) The Department uses actual income to determine the amount of a medical assistance overpayment caused by possible fraud.

(6) When a filing group, ineligible student, or authorized representative fails to report all earned income within the reporting time frame, the earned income deduction (see OAR 461-160-0160, 461-160-0190, 461-160-0430, 461-160-0550, or 461-160-0552) is applied as follows:

(a) In the Oregon Supplemental Income Program (OSIP), Oregon Supplemental Income Program Medical (OSIPM), Qualified Medicare Beneficiaries (QMB), and Refugee Assistance Medical (REFM) programs, the Department allows the earned income deduction.

(b) In the REF and TANF programs, the Department allows the earned income deduction when good cause (see section (7) of this rule) exists.

(c) In the SNAP program, no deduction is applied to earned income if the amount or source of income was not timely reported.

(7) For the purposes of OAR 461-195-0501 to 461-195-0561, "good cause" means circumstances beyond the individual's reasonable control that caused the individual to be unable to report income timely and accurately.

(8) When support is retained:

(a) In the TANF program, the amount of support (other than cash medical support) the Department of Justice retains as a current reimbursement each month is added to other income to determine eligibility (see OAR 461-001-0000). When an individual is not eligible for TANF program benefits, the overpayment is offset by the support the Department of Justice retains as a current reimbursement.

(b) For medical assistance, the amount of the cash medical support the Department retains each month is excluded income and not used to determine eligibility . When an individual has incurred a medical assistance overpayment , the overpayment is offset by the amount of the cash medical support the Department retains during each month of the overpayment .

(9) In the REF and TANF programs, when an individual directly receives support used to determine eligibility or calculate benefits, the overpayment is:

(a) If still eligible for REF or TANF program benefits, the amount of support the individual received directly; or

(b) If no longer eligible for REF or TANF program benefits, the amount of program benefits the individual received.

(10) When an overpayment occurs due to the failure of an individual to reimburse the Department, when required by law to do so, for benefits or services (including cash medical support) provided for a need for which that individual is compensated by another source, the overpayment is limited to the lesser of the following:

(a) The amount of the payment from the Department;

(b) Cash medical support; or

(c) The amount by which the total of all payments exceeds the amount payable for such a need under the Department's rules.

(11) Benefits paid during a required notice period (see OAR 461-175-0050, OAR 410-200-0120, or 414-175-0055) are included in the calculation of the overpayment when:

(a) The filing group, HSD medical programs eligibility determination group , ineligible student, or authorized representative (see OAR 461-115-0090, OAR 410-200-0015, and OAR 414-175-0002) failed to report a change within the reporting time frame under OAR 461-170-0011, OAR 410-200-0235, or OAR 414-175-0060; and

(b) Sufficient time existed for the Department to adjust the benefits to prevent the overpayment if the filing group, HSD medical programs eligibility determination group , ineligible student, or authorized representative had reported the change at any time within the reporting time frame.

(12) In the SNAP program, if the benefit group (see OAR 461-110-0750) was categorically eligible under OAR 461-135-0505, there is no overpayment based on resources.

(13) In the OSIP and OSIPM programs, when a individual does not pay their share of the cost of services (see OAR 461-160-0610) or the Oregon Supplemental Income Program-Employed Persons with Disabilities (OSIP-EPD) or Oregon Supplemental Income Program Medical-Employed Persons with Disabilities (OSIPM-EPD) program participant fee (see OAR 461-160-0800) in the month in which it is due, an overpayment is calculated as follows:

(a) All payments made by the Department on behalf of the individual during the month in question are totaled, including but not limited to any payment for:

(A) Capitation;

(B) Long term care services;

(D) Medicare buy-in (when not concurrently eligible for an MSP);

(E) Medicare Part D;

(F) Mileage reimbursement;

(G) Special needs under OAR 461-155-0500 to 461-155-0710; and

(H) Home and community-based care (see OAR 461-001-0030), including home delivered meals and non-medical transportation.

(b) Any partial or late liability payment made by an individual receiving home and community-based care in-home services or participant fee paid by an OSIP-EPD or OSIPM-EPD program participant is subtracted from the total calculated under subsection (a) of this section. The remainder, if any, is the amount of the overpayment .

(14) When an individual’s liability is unreduced pending the outcome of a contested case hearing about that liability the overpayment is the difference between the liability amount determined in the final order and the amount, if any, the individual has repaid.

(15) For medical assistance, if the individual was not eligible for one program, but during the period in question was eligible for another program with the same benefit level, there is no overpayment .

(16) Credit against an overpayment is allowed as follows:

(a) In the General Assistance (GA), REF, and TANF programs, a credit is allowed for an individual's payment for medical assistance made during the period covered by the overpayment , in an amount not to exceed the Department fee schedule for the service, but credit is not allowed for an elective procedure unless the Department authorized the procedure prior to its completion.

(b) In the SNAP program, if the overpayment was caused by unreported earned income, verified child care costs are allowed as a credit to the extent the costs would have been deductible under OAR 461-160-0040 and 461-160-0430.

(17) In the REF program, when an individual used or accessed cash benefits in violation of OAR 461-165-0010(8)(a), the amount of the overpayment is the amount of cash benefits the individual used or accessed.

(18) In the State Family Pre-SSI/SSDI (SFPSS) and TANF programs, when an individual used or accessed cash benefits in violation of OAR 461-165-0010(9)(a), the amount of the overpayment is the amount of cash benefits the individual used or accessed.

History

Statutory/Other Authority: ORS 329A.500, 413.085, 414.685, ORS 409.050, 411.060, 411.070, 411.404, 411.660, 411.706, 411.816, 412.014, 412.049, 412.124 & 414.231
Statutes/Other Implemented: ORS 329A.500, 411.060, 411.070, 411.404, 411.660, 411.706, 411.816, 412.014, 412.049, 412.124, 414.231, ORS 409.010, 411.620, 411.630, 411.635, 411.640, 411.690 & 416.350
SSP 58-2024, amend filed 11/27/2024, effective 12/01/2024
SSP 47-2024, temporary amend filed 08/23/2024, effective 08/23/2024 through 02/18/2025
SSP 20-2023, amend filed 06/22/2023, effective 07/01/2023
SSP 29-2022, amend filed 02/24/2022, effective 03/01/2022
SSP 46-2021, temporary amend filed 09/10/2021, effective 09/10/2021 through 03/08/2022
SSP 27-2021, amend filed 03/24/2021, effective 04/01/2021
SSP 15-2019, amend filed 06/11/2019, effective 07/01/2019
SSP 5-2019, temporary amend filed 02/27/2019, effective 03/01/2019 through 06/30/2019
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 2-2016, f. & cert. ef. 1-1-16
SSP 19-2015, f. & cert. ef. 7-1-15
SSP 9-2014, f. & cert. ef. 4-1-14
SSP 36-2013(Temp), f. & cert. ef. 11-1-13 thru 4-30-14
SSP 26-2013, f. & cert. ef. 10-1-13
SSP 17-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13
SSP 13-2013, f. & cert. ef. 7-1-13
SSP 25-2011, f. 9-30-11, cert. ef. 10-1-11
SSP 17-2011, f. & cert. ef. 7-1-11
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
SSP 28-2009, f. & cert. ef. 10-1-09
SSP 13-2009, f. & cert. ef. 7-1-09
SSP 6-2009(Temp), f. & cert. ef. 4-1-09 thru 9-28-09
SSP 8-2008, f. & cert. ef. 4-1-08
SSP 14-2007, f. 12-31-07, cert. ef. 1-1-08
SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07
SSP 20-2003, f. & cert. ef. 8-15-03
SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06
SSP 4-2005, f. & cert. ef. 4-1-05
SSP 23-2003, f. & cert. ef. 10-1-03
AFS 22-2002, f. 12-31-02, cert. ef. 1-1-03
AFS 27-2001, f. 12-21-01, cert. ef. 1-1-02
AFS 6-2001, f. 3-30-01, cert. ef. 4-1-01
AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00
AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00

Or. Admin. R. 461-195-0541 Liability for Overpayments

(1) In all programs except the Health Systems Division (HSD) medical, Oregon Supplemental Income Program (OSIP), Oregon Supplemental Income Program Medical (OSIPM), Qualified Medicare Beneficiaries (QMB), Refugee Assistance Medical (REFM), Summer EBT (SEBT) and Supplemental Nutrition Assistance Program (SNAP) or a child care program, the following persons are liable for repayment of an overpayment (see OAR 461-195-0501):

(a) Each individual in the filing group or required to be in the filing group and the payee when the overpayment was incurred, except an individual who did not reside with and did not know they were included in the filing group.

(b) A caretaker relative (see OAR 461-001-0000) and their spouse (see OAR 461-001-0000) who were not part of, but resided with, the filing group when the overpayment was incurred.

(c) A parent (see OAR 461-001-0000) or caretaker relative of a child (see OAR 461-001-0000) in the benefit group (see OAR 461-110-0750) and the spouse of the parent or caretaker relative if the parent , caretaker relative , or spouse was a member of or resided with the filing group when the overpayment was incurred.

(d) An individual determined liable for an overpayment remains liable when the individual becomes a member of a new filing group.

(e) An authorized representative (see OAR 461-115-0090) when the authorized representative knowingly gave incorrect or incomplete information or intentionally withheld information resulting in the overpayment .

(2) In the HSD medical and REFM programs, the following persons are liable for repayment of an overpayment :

(a) Each individual in the filing group, the HSD medical programs eligibility determination group (see OAR 410-200-0015), or required to be in the filing group and the payee when the overpayment was incurred, except an individual who ---

(A) Was a child or dependent child (see OAR 461-001-0000) at the time of the overpayment ; or

(B) Did not reside with and did not know they were included in the filing group.

(b) A caretaker relative and their spouse who were not part of, but resided with, the filing group or HSD medical programs eligibility determination group when the overpayment was incurred.

(c) A parent or caretaker relative of a child in the filing group or HSD medical programs eligibility determination group and the spouse of the parent or caretaker relative if the parent , caretaker relative , or spouse was a member of or resided with the filing group or HSD medical programs eligibility determination group when the overpayment was incurred.

(d) An authorized representative (see OAR 461-115-0090 and OAR 410-200-0015) when the authorized representative knowingly gave incorrect or incomplete information or intentionally withheld information that resulted in the overpayment .

(3) In a child care program:

(a) An overpayment caused by administrative error is collectible as follows:

(A) The provider is liable for a provider overpayment made on behalf of a recipient (see OAR 461-195-0301)eligible for child care payments.

(B) Each adult in the filing group or required to be in the filing group is liable for an overpayment if the recipient was not eligible for the payment.

(b) Each adult in the filing group or required to be in the filing group is liable for a client error overpayment (see OAR 461-195-0501), and a provider is liable for an overpayment caused by the provider. The recipient and provider are jointly and severally liable for an overpayment caused by both. In the case of an alleged provider overpayment , a provider's failure to provide contemporaneous records of care provided creates a rebuttable presumption that the care was not provided.

(c) An adult who cosigned an application with a minor provider applicant is liable for an overpayment incurred by the minor provider.

(d) An authorized representative (see OAR 461-115-0090 and 414-175-0002) is liable for an overpayment when the authorized representative knowingly gave incorrect or incomplete information or intentionally withheld information that resulted in the overpayment .

(4) In the General Assistance (GA), OSIP, OSIPM, and QMB programs, the following persons are liable for repayment of an overpayment :

(a) Each individual in the filing group or required to be in the filing group and the payee when the overpayment was incurred, except an individual who ---

(A) Was a child or dependent child at the time of the overpayment ; or

(B) Did not reside with and did not know they were included in the filing group.

(b) A caretaker relative and their spouse who were not part of, but resided with, the filing group when the overpayment was incurred.

(c) A parent or caretaker relative of a child in the filing group and the spouse of the parent or caretaker relative if the parent , caretaker relative , or spouse was a member of or resided with the filing group when the overpayment was incurred.

(d) An authorized representative when the authorized representative knowingly gave incorrect or incomplete information or intentionally withheld information that resulted in the overpayment .

(5) In the SNAP program, the following persons are liable for repayment of an overpayment or a claim that results from trafficking (see OAR 461-195-0601(2)) of SNAP benefits:

(a) The primary person (see OAR 461-001-0015) of any age, an ineligible student in the household, and all adults (see OAR 461-001-0015) who were members of or required to be in the filing group (see OAR 461-110-0370) when excess benefits were issued.

(b) A sponsor of a noncitizen household member if the sponsor is at fault, for payments prior to November 21, 2000.

(c) A drug or alcohol treatment center or residential care facility that acted as the authorized representative of the recipient.

(d) An authorized representative when the authorized representative knowingly gave incorrect or incomplete information or intentionally withheld information that resulted in the overpayment .

(e) For a claim that results in trafficking, the payee and the authorized representative when they actually traffic the benefits.

(6) Except as provided otherwise in section (7) of this rule, in all programs, both a noncitizen and the sponsor of the noncitizen are liable for an overpayment incurred if the overpayment results from the failure of the sponsor to provide correct information (see OAR 461-145-0820 to 461-145-0840). If the sponsor had good cause (see OAR 461-195-0521(5)) for withholding the information, the sponsor is not liable for the overpayment .

(7) In the SNAP program, the sponsor of a noncitizen is not liable under section (6) of this rule for payments on or after November 21, 2000.

(8) In the HSD medical programs, the November 2013 amendments to OAR 461-195-0501, 461-195-0521, 461-195-0541, and 461-195-0561 apply as of October 1, 2013.

(9) In the SEBT program, the following individuals are liable for repayment of an overpayment or a claim that results from trafficking (see OAR 461-195-0601(6)(b)) of SEBT benefits:

(a) All adults (see OAR 461-196-0020) who were members of or required to be in the filing group (see OAR 461-196-0020) when excess benefits were issued.

(b) An authorized representative (see OAR 461-196-0030) when the authorized representative knowingly gave incorrect or incomplete information or intentionally withheld information that resulted in the overpayment.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.404, 411.816, 412.014, 412.049, 329A.500, 413.085 & 414.685
Statutes/Other Implemented: 411.060, 411.404, 411.816, 412.014, 412.049, ORS 409.010, 411.087, 411.630, 411.635, 411.640, 411.690, 416.350 & 329A.500
SSP 58-2024, amend filed 11/27/2024, effective 12/01/2024
SSP 47-2024, temporary amend filed 08/23/2024, effective 08/23/2024 through 02/18/2025
SSP 20-2023, amend filed 06/22/2023, effective 07/01/2023
SSP 8-2022, minor correction filed 02/16/2022, effective 02/16/2022
SSP 27-2021, amend filed 03/24/2021, effective 04/01/2021
SSP 15-2019, amend filed 06/11/2019, effective 07/01/2019
SSP 5-2019, temporary amend filed 02/27/2019, effective 03/01/2019 through 06/30/2019
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 9-2014, f. & cert. ef. 4-1-14
SSP 36-2013(Temp), f. & cert. ef. 11-1-13 thru 4-30-14
SSP 23-2013, f. & cert. ef. 9-20-13
SSP 14-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13
SSP 13-2013, f. & cert. ef. 7-1-13
SSP 7-2013(Temp), f. & cert. ef. 3-25-13 thru 9-21-13
SSP 25-2011, f. 9-30-11, cert. ef. 10-1-11
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05
SSP 4-2005, f. & cert. ef. 4-1-05
SSP 23-2003, f. & cert. ef. 10-1-03
AFS 17-2000, f. 6-28-00, cert. ef. 7-1-00
AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00

Or. Admin. R. 461-195-0551 Methods of Recovering Overpayments

(1) In addition to judicial process, the Department may recover an overpayment (see OAR 461-195-0501) through an agreed repayment plan, reduction in benefits, voluntary payment from the client or authorized representative (see OAR 461-115-0090), and offset of the debt.

(2) The Department reduces current benefits to collect an overpayment only as follows:

(a) In the GA and OSIP programs, the Department may recover an overpayment by reducing cash benefit payments by the lesser of the following:

(A) The total overpayment amount;

(B) The total benefit amount; or

(b) In the REF, SFPSS, and TANF programs, the Department:

(A) Allows only half of the 50 percent earned income deduction described in OAR 461-160-0160.

(B) Reduces the benefit payment by 10 percent of the total benefit requirement of the benefit group (see OAR 461-110-0750) at the adjusted income payment standard. The reduced benefit payment after such reduction, when combined with all other income may not be less than 90 percent of the benefit group's adjusted income payment standard for a family with no income.

(c) In the SNAP program, unless the Department and the client agree to a repayment plan and the filing group (see OAR 461-110-0370) meets the terms of the plan, the Department collects an overpayment from a liable member of a filing group participating in the SNAP program by reducing the SNAP program benefit allotment of the benefit group each month as follows:

(A) For an overpayment caused by client error (see OAR 461-195-0501) or administrative error (see OAR 461-195-0501), 10 percent of the group's monthly allotment or $10 a month, whichever is greater.

(B) For an overpayment caused by an IPV (see OAR 461-195-0601), 20 percent of the group's monthly entitlement or $20 a month, whichever is greater.

(3) In the child care programs:

(a) The Department may not recover an overpayment through reduction of a client's child care program benefits.

(b) When a child care program provider is liable for a child care overpayment (see OAR 461-195-0501) the Department may recover the child care overpayment by reducing up to 100 percent any future child care payment for which the provider bills the Department.

(4) The Department may recover an overpayment by offset as follows:

(a) Using the collection services provided by the Department of Revenue and any other state or federal agency to collect a liquidated claim established by:

(A) A court judgment.

(B) A confession of judgment.

(i) The Department-designated form to acknowledge an IPV.

(ii) A plea bargain agreement.

(iii) Any other document acknowledging the overpayment.

(D) A written notification of overpayment from the Department to the debtor, advising the debtor of the basis and amount of the overpayment and the right to request a hearing, if the debtor has exhausted his or her rights of administrative appeal.

(E) A written communication from the debtor acknowledging the debt.

(b) The amount of any retroactive payment or restoration of lost benefits otherwise payable to the client, when the retroactive payment corrects a prior underpayment of benefits in the program in which the overpayment occurred.

(c) Through use of a warrant authorized by ORS 411.703. Upon issuance of the warrant, the Department may issue a notice of garnishment in accordance with ORS 18.854.

(d) In the SNAP program, by offsetting the full amount of the overpayment against restored benefits owed to the benefit group or to another benefit group that a liable member of the overpaid group has joined.

(5) A confession of judgment is used in the case of a client error (see OAR 461-195-0501) overpayment. The Department may not file a confession of judgment while the client receives public assistance or medical assistance, and may file one only if the client has refused to agree to or has defaulted on a repayment plan.

(6) The Department may not take collection action against a filing group while a member of the filing group is working under a JOBS Plus agreement.

History

Statutory/Other Authority: 411.660, ORS 411.060, 411.816 & 412.049
Statutes/Other Implemented: ORS 18.854, 18.900, 411.630, 411.635, 411.660, 411.703, 411.816, 412.049 & 416.350
SSP 14-2019, amend filed 06/11/2019, effective 07/01/2019
SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 15-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 3-29-08
SSP 14-2007, f. 12-31-07, cert. ef. 1-1-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08
SSP 8-2004, f. & cert. ef. 4-1-04
AFS 27-2001, f. 12-21-01, cert. ef. 1-1-02
AFS 25-2001, f. & cert. ef. 11-1-01 thru 12-31-01
AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00

Or. Admin. R. 461-195-0561 Compromise or Adjustment of an Overpayment Claim

(1) This rule section specifies when and how the Department may compromise an overpayment (see OAR 461-195-0501) claim.

(a) The Department may consider a request to compromise an overpayment claim only if the estimated administration and collection costs necessary to collect the account in full likely exceed the current balance of the overpayment .

(b) The following limitations apply to the compromise of an overpayment claim:

(A) The authority of the Department to compromise may be limited by federal or state law.

(B) The Department may compromise a claim only once it is a liquidated claim (see OAR 461-195-0551).

(C) The Department may compromise a claim only if the requester has made a good faith effort to repay the overpayment .

(D) The Department may not compromise:

(i) A fraud overpayment claim;

(ii) Any overpayment claim, unless 36 months have passed since the requester initially was notified of the overpayment ;

(iii) An overpayment claim if the debtor has the ability to repay the overpayment in full within 36 months of the request date.

(iv) An overpayment claim for less than 75 percent of the total amount of the claim.

(v) An overpayment claim if the debtor is a member, currently or in the previous 12 months, of a filing group or HSD medical programs eligibility determination group (see OAR 410-200-0015) that received benefits under the program in which the overpayment occurred.

(vi) A child care provider overpayment claim if the provider, currently or in the previous 12 months, received a direct provider payment for child care under division 165 of this chapter of rules or division 175 of OAR chapter 414.

(d) During the 12 months following the date of the compromise agreement, the Department reserves the right to collect the original unmitigated claim through benefit reduction under OAR 461-195-0551.

(2) The Department may adjust a medical assistance overpayment that as of April 21, 2021, was a liquidated claim , as follows:

(a) The liquidated claim may be adjusted so that on or after September 1, 2021 the balance owed is $0.00, except for:

(A) A fraud overpayment claim,

(B) An overpayment claim caused by receipt of continuing benefits in a contested case, or

(b) The Department may retain payments received before September 1, 2021.

History

Statutory/Other Authority: ORS 409.050, 411.060, 411.404, 411.816, 412.014, 412.049, 2013 HB 2089 Sect. 10 & ORS 409.040
Statutes/Other Implemented: 411.060, 411.404, 411.816, 412.014, 412.049, ORS 409.010, 411.635, 416.350 & ORS 409.040
SSP 20-2023, amend filed 06/22/2023, effective 07/01/2023
SSP 29-2022, amend filed 02/24/2022, effective 03/01/2022
SSP 78-2021, temporary amend filed 12/22/2021, effective 12/22/2021 through 06/19/2022
SSP 27-2021, amend filed 03/24/2021, effective 04/01/2021
SSP 9-2014, f. & cert. ef. 4-1-14
SSP 36-2013(Temp), f. & cert. ef. 11-1-13 thru 4-30-14
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08
SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06
SSP 33-2003, f. 12-31-03, cert. ef. 1-4-04
AFS 34-2000, f. 12-22-00, cert. ef. 1-1-01

Or. Admin. R. 461-195-0601 Intentional Program Violations; Defined

(1) In the child care programs, a provider commits an intentional program violation (IPV) by intentionally making a false or misleading statement or misrepresenting, concealing, or withholding information related to their request to be eligible for a child care payment under OAR 461-165-0180 or 414-175-0080, or a claim for a child care payment.

(2) In the Supplemental Nutrition Assistance Program (SNAP):

(a) An individual commits an intentional program violation by:

(A) Making a false or misleading statement or misrepresenting, concealing or withholding a fact relating to the use, presentation, transfer, acquisition, receipt, possession, or trafficking (see OAR 461-195-0601(2)(b)) of SNAP benefits; or

(B) Committing any act that constitutes a violation of the Food Stamp Act, the SNAP program regulations, or any state statute relating to the use, presentation, transfer, acquisition, receipt, possession, or trafficking of SNAP benefits.

(b) "Trafficking" means any of the following:

(A) The buying, selling, stealing, or other exchange of SNAP benefits for cash or consideration other than eligible food, either directly or indirectly, in complicity or collusion with others or acting alone.

(B) The exchange of firearms, ammunition, explosives, or controlled substances (as defined in section 802 of title 21, United States Code), for SNAP benefits.

(C) Purchasing a product with SNAP benefits that has a container return deposit with the intent of obtaining cash by intentionally discarding the product and returning the container for the deposit amount.

(D) Purchasing a product with SNAP benefits with the intent of obtaining cash or consideration other than eligible food by intentionally reselling the product purchased with SNAP benefits.

(E) Intentionally purchasing products originally purchased with SNAP benefits in exchange for cash or consideration other than eligible food.

(3) In the State Family Pre-SSI/SSDI (SFPSS) program, an individual commits an intentional program violation by intentionally:

(a) Making a false or misleading statement or misrepresenting, concealing, or withholding a fact for the purpose of establishing or maintaining eligibility (see OAR 461-001-0000) for SFPSS or increasing, or preventing a reduction in, the amount of the SFPSS grant; or

(b) Committing any act intended to mislead or to conceal or withhold information for the purpose of establishing or maintaining eligibility for SFPSS or increasing, or preventing a reduction in, the amount of the SFPSS grant.

(4) In the Refugee Assistance (REF), Refugee Assistance Medical (REFM), and Temporary Assistance for Needy Families (TANF) programs, an individual commits an intentional program violation by intentionally:

(a) Making a false or misleading statement or misrepresenting, concealing, or withholding a fact for the purpose of establishing or maintaining eligibility for the REF, REFM, or TANF programs, or increasing or preventing a reduction in the amount of the REF or TANF grant; or

(b) Committing any act intended to mislead or to conceal or withhold information for the purpose of establishing or maintaining eligibility for the REF, REFM, or TANF programs, or increasing or preventing a reduction in the amount of the REF or TANF grant.

(5) In the Summer EBT (SEBT) program, intentional program violation penalties apply to an adult (see OAR 461-196-0020) who:

(a) Commits an intentional program violation as defined in subsection (6)(a) of this rule; or

(b) Ordered, coerced, persuaded, encouraged, or otherwise induced an individual under the age of 18 to commit an SEBT intentional program violation .

(6) In the SEBT program:

(a) An individual commits an intentional program violation by:

(A) Making a false or misleading statement or misrepresenting, concealing, or withholding a fact for the purpose of establishing or maintaining eligibility for the SEBT program or trafficking (see OAR 461-195-0601(6)(b)) of SEBT benefits; or

(B) Committing any act that constitutes a violation of the Agricultural Act of 2014, the SEBT program regulations, or any state statute relating to the use, presentation, transfer, acquisition, receipt, possession, or trafficking of SEBT benefits.

(b) "Trafficking" means any of the following:

(A) The buying, selling, stealing, or other exchange of SEBT benefits for cash or consideration other than eligible food, either directly or indirectly, in complicity or collusion with others or acting alone.

(B) The exchange of firearms, ammunition, explosives, or controlled substances (as defined in section 802 of title 21, United States Code), for SEBT benefits.

(C) Purchasing a product with SEBT benefits that has a container return deposit with the intent of obtaining cash by intentionally discarding the product and returning the container for the deposit amount.

(D) Purchasing a product with SEBT benefits with the intent of obtaining cash or consideration other than eligible food by intentionally reselling the product purchased with SEBT benefits.

(E) Intentionally purchasing products originally purchased with SEBT benefits in exchange for cash or consideration other than eligible food.

History

Statutory/Other Authority: ORS 411.060, 411.660, 411.816, 412.014 & 412.049
Statutes/Other Implemented: ORS 411.060, 411.630, 411.635, 411.660, 411.816, 412.014 & 412.049
SSP 58-2024, amend filed 11/27/2024, effective 12/01/2024
SSP 47-2024, temporary amend filed 08/23/2024, effective 08/23/2024 through 02/18/2025
SSP 20-2023, amend filed 06/22/2023, effective 07/01/2023
SSP 10-2017, f. 3-24-17, cert. ef. 4-1-17
SSP 19-2015, f. & cert. ef. 7-1-15
SSP 23-2013, f. & cert. ef. 9-20-13
SSP 7-2013(Temp), f. & cert. ef. 3-25-13 thru 9-21-13
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08
SSP 8-2004, f. & cert. ef. 4-1-04
AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00

Or. Admin. R. 461-195-0611 Intentional Program Violations; Establishment and Appeal

(1) In the Employment Related Day Care (ERDC), Refugee Assistance (REF), Refugee Assistance Medical (REFM), Summer EBT (SEBT), Supplemental Nutrition Assistance Program (SNAP), and Temporary Assistance for Needy Families (TANF) programs, an intentional program violation (IPV) is established by a state or federal court, by an administrative agency in a contested case, or by a person signing the designated form acknowledging the IPV and waiving the right to an administrative hearing. If the IPV will be established in a contested case, the Department initiates the IPV hearing.

(2) Except as provided in section (3) of this rule, there is no administrative appeal after a person waives the right to an IPV hearing and the penalty may not be changed by subsequent administrative action.

(3) A person who waives the right to an IPV hearing may seek relief in court or request a contested case hearing on the sole issue of whether the waiver was signed under duress (see OAR 461-025-0310 and 414-175-0095). If there is a determination that the waiver was signed under duress, the initial IPV penalty is void, and:

(a) If a court determines that a waiver was signed under duress, the court may determine whether an IPV occurred and the amount of the penalty.

(b) If an administrative law judge determines that a waiver was signed under duress, the Department may initiate an IPV hearing to determine whether an IPV occurred and the amount of the penalty.

History

Statutory/Other Authority: 411.060, 411.095, 411.816, 412.049, ORS 329A.500, 409.050, 413.085 & 414.685
Statutes/Other Implemented: 411.060, 411.095, 411.816, 412.049 & 409.010
SSP 58-2024, amend filed 11/27/2024, effective 12/01/2024
SSP 47-2024, temporary amend filed 08/23/2024, effective 08/23/2024 through 02/18/2025
SSP 20-2023, amend filed 06/22/2023, effective 07/01/2023
SSP 34-2017, amend filed 12/18/2017, effective 01/01/2018
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05
AFS 6-2001, f. 3-30-01, cert. ef. 4-1-01
AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00

Or. Admin. R. 461-195-0621 Intentional Program Violations; Penalties and Liability for Overpayments

(1) Disqualification penalties resulting from intentional program violations and other violations of law are listed in this rule. An individual may be subject to disqualification for an intentional program violation (IPV) (see OAR 461-195-0601) only if the individual was advised of the disqualification penalties prior to committing the IPV. A disqualification established in another state or established in the Food Distribution Program on Indian Reservations continues in effect in Oregon.

(2) In the Employment Related Day Care (ERDC) program, if an IPV is established against an individual through a contested case hearing, a waiver of the right to hearing, or by a state or federal court, that individual is liable for repayment to the Department of the full amount of overpayment (see OAR 461-195-0501) the Department has established. Payments of restitution to the Department are credited against the amount owed. A recipient (see OAR 461-195-0301) is not subject to an IPV disqualification but is still required to repay overpayment amounts.

(3) A child care provider who has incurred an overpayment established as an IPV claim is ineligible for payment---

(a) For six months and until the full amount of the overpayment is paid; or

(b) Permanently, if the Department of Early Learning and Care (DELC) finds that such ineligibility is in the public interest. The following is a non-exclusive list of reasons that support a determination of permanent ineligibility: safety concerns; or, the likelihood of future violations; or, the degree of egregiousness of any of the established IPVs; or, the degree of primary involvement in the violation by the provider.

(4) In the Refugee Assistance (REF), Summer EBT (SEBT), Supplemental Nutrition Assistance Program (SNAP), and Temporary Assistance for Needy Families (TANF) programs, when an IPV is established against an individual through a contested case hearing, a waiver of the right to hearing, or by a state or federal court:

(a) Except as otherwise set forth in this section, the individual is disqualified from receiving benefits in the program in which the IPV was committed for a period of 12 calendar months for the first IPV, 24 calendar months for the second IPV, and permanently for the third IPV.

(b) In the REF program, the individual is disqualified from receiving benefits in the program in which the IPV was committed for the remaining months of eligibility, as per OAR 461-135-0900(4).

(c) An individual found by a federal, state, or local court to have traded a controlled substance for SNAP benefits is disqualified from participation in the SNAP program as follows:

(A) For a period of two years upon the first occasion.

(B) Permanently upon the second occasion.

(d) An individual found by a federal, state, or local court to have traded a controlled substance for SEBT benefits is disqualified from participation in the SEBT program as follows:

(A) For a period of two years upon the first occasion.

(B) Permanently upon the second occasion.

(e) An individual found by a federal, state, or local court to have traded firearms, ammunition, or explosives for SNAP benefits is permanently disqualified from participation in the SNAP program.

(f) An individual found by a federal, state, or local court to have traded firearms, ammunition, or explosives for SEBT benefits is permanently disqualified from participation in the SEBT program.

(g) An individual convicted of trafficking (see OAR 461-195-0601) SNAP benefits for a value of $500 or more is permanently disqualified from participation in the SNAP program.

(h) An individual convicted of trafficking (see OAR 461-195-0601) SEBT benefits for a value of $500 or more is permanently disqualified from participation in the SEBT program.

(i) Unless permanently disqualified in the same program, an individual is disqualified for a 10-year period from receiving benefits in the program in which the individual committed fraud if the individual --

(A) In TANF program:

(i) Is convicted in state or federal court of having made a fraudulent statement or representation with respect to the place of residence of the individual in order to receive assistance simultaneously from two or more states under programs that are funded under Title IV or XIX of the Social Security Act; or

(ii) Is found in an IPV hearing or admits, in a written waiver of the right to an IPV hearing, to having made a fraudulent statement or representation with respect to the identity or place of residence of the individual in order to receive benefits simultaneously from two or more states.

(B) In the SNAP program, is found to have or admits to having made a fraudulent statement or representation with respect to the identity or place of residence of the individual in order to receive multiple SNAP benefits simultaneously.

(C) In the SEBT program, is found to have or admits to having made a fraudulent statement or representation with respect to the identity or place of residence of the individual in order to receive multiple SEBT benefits simultaneously.

(5) If the TANF grant is affected by the IPV penalty imposed under this rule, eligibility (see OAR 461-001-0000) for and the level of SNAP benefits are determined in accordance with OAR 461-145-0105.

(6) In the SEBT program, an individual disqualified for an intentional program violation (IPV) under OAR 461-195-0601 is ineligible to receive SEBT benefits for qualifying children for the duration of their disqualification period.

(7) Once a disqualification period begins, it continues uninterrupted until completed, regardless of the eligibility of the filing group (see OAR 461-110-0310 and 461-196-0020) of the disqualified individual.

History

Statutory/Other Authority: 409.050, 411.060, 411.816, 412.049 & ORS 329A.500
Statutes/Other Implemented: 411.060, 411.816, 412.049, 409.010, ORS 329A.500, 7 CFR 273.16, 7 CFR 273.18 & 45 CFR 400
SSP 20-2025, amend filed 09/29/2025, effective 10/01/2025
SSP 8-2025, temporary amend filed 04/24/2025, effective 05/05/2025 through 10/31/2025
SSP 58-2024, amend filed 11/27/2024, effective 12/01/2024
SSP 47-2024, temporary amend filed 08/23/2024, effective 08/23/2024 through 02/18/2025
SSP 20-2023, amend filed 06/22/2023, effective 07/01/2023
SSP 48-2022, amend filed 09/27/2022, effective 10/01/2022
SSP 38-2022, temporary amend filed 06/15/2022, effective 06/15/2022 through 12/11/2022
SSP 34-2017, amend filed 12/18/2017, effective 01/01/2018
SSP 2-2016, f. & cert. ef. 1-1-16
SSP 19-2015, f. & cert. ef. 7-1-15
SSP 23-2013, f. & cert. ef. 9-20-13
SSP 7-2013(Temp), f. & cert. ef. 3-25-13 thru 9-21-13
SSP 25-2011, f. 9-30-11, cert. ef. 10-1-11
SSP 13-2009, f. & cert. ef. 7-1-09
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06
SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05
SSP 17-2004, f. & cert. ef. 7-1-04
SSP 8-2004, f. & cert. ef. 4-1-04
AFS 6-2001, f. 3-30-01, cert. ef. 4-1-01
AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00

Division 196 SUMMER EBT PROGRAM

Or. Admin. R. 461-196-0000 General Purpose and Scope; SEBT

Summer Electronic Benefit Transfer (SEBT) program is established for the purpose of providing nutrition assistance during the summer months for each eligible child, to ensure continued access to food when school is not in session for the summer.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060
SSP 58-2024, adopt filed 11/27/2024, effective 12/01/2024
SSP 40-2024, temporary adopt filed 06/18/2024, effective 06/18/2024 through 12/14/2024

Or. Admin. R. 461-196-0010 Administration; SEBT

Summer EBT (SEBT) is administered through a partnership between the Oregon Department of Human Services (ODHS) and Oregon Department of Education (ODE). Roles and responsibilities of both agencies are clarified as follows:

(1) Coordinating SEBT agency.

(a) For the purposes of the SEBT program ODHS will act as the coordinating agency.

(b) The coordinating agency is the primary point of contact for the SEBT program within the State.

(c) The coordinating agency is responsible for completion and timely submission of any required plans, forms and reports as well as responsible for activities outlined in the inter-agency agreement with the partnering agency.

(2) Partnering SEBT agency.

(a) For the purposes of the SEBT program ODE will act as the partnering agency.

(b) The partnering agency is responsible for activities outlined in the inter-agency agreement.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060
SSP 58-2024, adopt filed 11/27/2024, effective 12/01/2024
SSP 40-2024, temporary adopt filed 06/18/2024, effective 06/18/2024 through 12/14/2024

Or. Admin. R. 461-196-0020 Definitions; Summer Electronic Benefits Transfer (SEBT)

The following definitions apply to the rules of the Summer EBT (SEBT) program in Chapter 461.

(1) Adult means an individual 18 years of age or older.

(2) Benefit means the value of SEBT provided to a filing group by means of an EBT system.

(3) Categorically eligible means considered eligible for SEBT, as applicable, based on documentation that a child is a member of a filing group, as defined in this rule, and one or more children in that filing group are receiving assistance under the Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance for Needy Families (TANF), Medicaid or Food Distribution Program on Indian Reservations (FDPIR). A foster child, homeless child, migrant child, Head Start child or runaway child, as defined in this rule is also categorically eligible. Categorically eligible and streamlined eligibility may be used synonymously.

(4) Department refers to the SEBT Agency.

(5) Direct verification means the process of verifying the filing group’s income or categorial eligibility by matching against data sources or other records without the need to contact the filing group for documentation.

(6) Dual participation means a child simultaneously receiving benefits from more than one SEBT Program administered by a State, US Territory or Tribal Lands; receiving SEBT in more than one household; or receiving multiple allotments from the same State administered SEBT Program.

(7) Electronic Benefit Transfer (EBT) account means a set of records containing demographic, card, benefit, transaction, and balance data for an individual household within the EBT system that is maintained and managed by the Department or its contractor as part of the client case record.

(8) Electronic Benefit Transfer (EBT) card means a method to access EBT benefits issued to a household member or authorized representative through the EBT system by a benefit issuer. This method may include an on-line magnetic stripe card, an off-line smart card, a chip card, a contactless digital wallet with a stored card, or any other similar benefit access technology approved by FNS .

(9) Electronic Benefit Transfer (EBT) contractor or vendor means an entity that is selected to perform EBT–related services for the State agency.

(10) Electronic Benefit Transfer (EBT) system means an electronic payments system under which household benefits are issued from and stored in a central databank, maintained, and managed by a State or its contractor, and uses electronic funds transfer technology for the delivery and control of food and other public assistance benefits.

(11) Eligible child(ren) means a child who meets the requirements to receive SEBT benefits as provided in OAR 461-196-0060.

(12) Eligible household means a household that includes at least one eligible child.

(13) Eligibility period means the period of time from the first day of instructional year, as defined in this rule, immediately preceding the summer operational period, as defined in this rule, through the last day of the summer operational period.

(14) Enrolled students means students who are enrolled in and attending a school participating in the USDA National School Lunch Program (NSLP) and who have access to a meal service (breakfast or lunch) on a regular basis.

(15) Expungement means the removal of SEBT benefits from the EBT account to which they were issued, typically by an EBT processor on behalf of the Department .

(16) FDPIR means the Food Distribution Program on Indian Reservations.

(17) Filing group means a group of related or nonrelated individuals who are living together as one economic unit.

(18) FNS means the Food and Nutrition Service, United States Department of Agriculture.

(19) Foster child means a child who is formally placed by a court or an agency that administers a State plan under parts B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq. ).

(20) Free or reduced-price meal eligible means a student which is determined by the school as eligible to receive free or reduced-price National School Lunch Program.

(21) Head Start child means a child enrolled as a participant in a Head Start program authorized under the Head Start Act (42 U.S.C. 9831 et seq. )

(22) Homeless child means a child identified as lacking a fixed, regular and adequate nighttime residence, as specified under section 725(a) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)) by the local educational agency liaison, director of a homeless shelter, or other individual identified by FNS.

(23) Instructional year means the period from July 1 of the prior year through one day prior to the summer operational period.

(24) Medicaid means medical assistance under title XIX of the Social Security Act, as amended. For the purposes for SEBT eligibility, this applies only to individuals eligible under 185% of the federal poverty level.

(25) Migrant child means a child identified as meeting the definition of migrant in section 1309 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6399) by the State or local Migrant Education Program coordinator, the local educational liaison, or other individual identified by FNS.

(26) NSLP/SBP means the National School Lunch Program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq. ) and the School Breakfast Program established under the Child Nutrition Act of 1996 (42 U.S.C. 1771 et seq.).

(27) NSLP/SBP application means an application for free and reduced-price meals, submitted by a household for a child or children enrolled at an NSLP/SBP participating school(s). Eligibility determinations based on NSLP/SBP applications may be used to confer eligibility for SEBT.

(28) NSLP school means an Oregon public school, nonprofit private school, or residential childcare institution that is a sponsor of the National School Lunch Program.

(29) NSLP student means an individual enrolled in an Oregon public school, nonprofit private school, or residential childcare institution that provides meal service as a sponsored National School Lunch Program school.

(30) ODE means the Oregon Department of Education.

(31) ODHS means the Oregon Department of Human Services.

(32) Runaway child means a child identified as a runaway receiving assistance under a program under the Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq. ) by the local educational liaison or other individual in accordance with guidance issued by FNS.

(33) School aged means the years in which a child is required to attend school or an equivalent program as defined by State or Tribal law. Also known as the age requirement for compulsory education, which is defined as six (6) to eighteen (18) years old in Oregon.

(34) SEBT means Summer Electronic Benefits Transfer.

(35) Signature means a person's name written in a distinctive way as a form of identification. For the purposes of SEBT the following signatures are acceptable: hand-written, telephonic, and electronic signature including a typed signature.

(36) SNAP means Supplemental Nutrition Assistance Program, which is a Federal food benefits program for low-income individuals to supplement their grocery budget.

(37) SNAP participant means an individual who is a member of a SNAP filing group (see OAR 461-110-0370) that receives more than $0 in SNAP benefits.

(38) Streamlined certification means automatically enrolling an eligible child for SEBT without need for further application or confirmation of school enrollment. Streamlined certification and categorically eligible may be used synonymously.

(39) Summer EBT agency means the Oregon Department of Human Services.

(40) Summer EBT application means an application for SEBT benefits submitted to the Department by a filing group for a child or children who are enrolled at a NSLP/SBP participating school.

(41) Summer operational period means the benefit period that generally reflects the period between the end of classes during the current school year and the start of classes for the next school year, as determined by the Department .

(42) TANF means Temporary Assistance to Needy Families, which is the State funded program under part A of title IV of the Social Security Act.

(43) USDA means United States Department of Agriculture.

(44) Verification means confirmation of eligibility for the Summer EBT Program when a child's eligibility is established through a Summer EBT application . Verification includes confirmation of income eligibility and may also include confirmation of any other information required in the application.

(45) Verification for cause means verification of questionable applications, on a case-by-case basis, such as an instance when the Department is made aware of conflicting or inconsistent information than what was provided on the application.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060
SSP 27-2025, amend filed 12/23/2025, effective 01/01/2026
SSP 58-2024, adopt filed 11/27/2024, effective 12/01/2024
SSP 40-2024, temporary adopt filed 06/18/2024, effective 06/18/2024 through 12/14/2024

Or. Admin. R. 461-196-0030 Authorized Representative; SEBT

For the purposes of the Summer EBT (SEBT) program, the Department (see OAR 461-196-0020) adopts the general Authorized Representative rule provisions of 461-115-0090.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060
SSP 58-2024, adopt filed 11/27/2024, effective 12/01/2024
SSP 40-2024, temporary adopt filed 06/18/2024, effective 06/18/2024 through 12/14/2024

Or. Admin. R. 461-196-0040 Application; SEBT

(1) An application for Summer EBT (SEBT) is considered complete if the following information is provided:

(a) Full name(s) of child(ren) and other filing group (see OAR 461-196-0020) members;

(b) Name of school(s) where the child(ren) attend;

(d) Amount, source, and frequency of income for each filing group member; and

(e) Signature of an adult filing group member.

(2) Applications for SEBT must be received by the Department (see OAR 461-196-0020) by:

(a) The last day of the s ummer operational period (see OAR 461-196-0020 and 461-196-0060); or

(b) The deadline permitted by the USDA Food and Nutrition Services.

(3) Children who qualify for streamlined certification (see OAR 461-196-0020 and 461-196-0060) do not need to submit an application.

(4) If an adult (see OAR 461-196-0020) applicant in the filing group is ineligible to receive SEBT benefits for a qualifying child due to serving an intentional program violation (see OAR 461-195-0601) disqualification:

(a) An authorized representative may represent a SEBT applicant or participant, or

(b) The Department will work with the filing group to identify another adult to send the EBT card and benefits to for that child.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060
SSP 27-2025, amend filed 12/23/2025, effective 01/01/2026
SSP 58-2024, adopt filed 11/27/2024, effective 12/01/2024
SSP 40-2024, temporary adopt filed 06/18/2024, effective 06/18/2024 through 12/14/2024

Or. Admin. R. 461-196-0050 Benefit Amount, Access, and Use; SEBT

(1) The Summer EBT (SEBT) benefit will be $120 per each eligible child (see OAR 461-196-0020) for the summer operational period (see OAR 461-196-0020 and 461-196-0060).

(2) Eligible children who are part of a filing group (see OAR 461-196-0020) with an active EBT card associated with a Supplemental Nutrition Assistance Program (SNAP) or Temporary Assistance for Needy Families (TANF) case, will receive benefits on the same EBT card.

(3) Eligible children who are not part of a filing group with an active EBT card associated with a SNAP or TANF case will receive a separate EBT card for their SEBT benefits.

(4) SEBT benefits are not prorated.

(5) The Department (see OAR 461-196-0020) considers benefits available when the SEBT benefits have been issued on an EBT account.

(6) Unused benefits are expunged (see OAR 461-196-0020) 122 days after the date of issuance.

(7) Expunged benefits will not be restored.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060
SSP 27-2025, amend filed 12/23/2025, effective 01/01/2026
SSP 58-2024, adopt filed 11/27/2024, effective 12/01/2024
SSP 40-2024, temporary adopt filed 06/18/2024, effective 06/18/2024 through 12/14/2024

Or. Admin. R. 461-196-0060 Eligibility; SEBT

(1) For the purposes of Summer EBT (SEBT), categorically eligible (see OAR 461-196-0020) is used synonymously with streamlined certification (see OAR 461-196-0020). Streamlined certification is determined using the most recent instance in which an eligible child (see 196-0020) meets any of the following qualifying factors. If an eligible child meets more than one of the listed qualifying factors at the same time, streamlined certification will be determined based on the first factor that is met, in descending order from (a) through (g).

(a) Receiving foster or resource care through Child Welfare.

(b) Part of a filing group (see OAR 461-196-0020) that receives Temporary Assistance for Needy Families (TANF).

(c) Part of a filing group that receives Supplemental Nutrition Assistance Program (SNAP) with benefits greater than $0.

(d) Receiving Medicaid (Oregon Health Plan) with countable income under 185 percent of the federal poverty level.

(e) Attending a Head Start program which participates in the National School Lunch Program/School Breakfast Program (NSLP/SBP) (see OAR 461-196-0020).

(f) Receiving Food Distribution Program on Indian Reservations (FDPIR) (see OAR 461-196-0020).

(g) Migrant, homeless, or runaway as defined by the student’s school.

(2) Children eligible for SEBT include those who, at any time during the eligibility period (see OAR 461-196-0020) are:

(a) School-aged (see OAR 461-196-0020 ) and categorically eligible .

(b) Enrolled in an NSLP/SBP participating school during the instructional year immediately preceding the summer operational period and:

(A) Categorically eligible ;

(B) Certified to receive free or reduced-price school meals through an NSLP/SBP participating school;

(D) Determined eligible through a Summer EBT (SEBT) application (see OAR 461-196-0020) with the filing group’s total countable income below 185% of the federal poverty level (see OAR 461-196-0120) on the date the completed application is received.

(3) Eligibility for SEBT is established from the first day of the instructional year (see OAR 461-196-0020) immediately preceding the summer operational period (see OAR 461-196-0020) through the last day of the summer operational period.

(4) For the 2025 program period:

(a) The summer operational period is May 30, 2025, through September 3, 2025.

(b) The instructional year is July 1, 2024, to May 29, 2025.

(5) For the 2026 program period:

(a) The summer operational period is June 5, 2026, through September 1, 2026.

(b) The instructional year is July 1, 2025, through June 4, 2026.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060
SSP 27-2025, amend filed 12/23/2025, effective 01/01/2026
SSP 58-2024, adopt filed 11/27/2024, effective 12/01/2024
SSP 48-2024, temporary adopt filed 08/23/2024, effective 08/23/2024 through 12/14/2024
SSP 40-2024, temporary adopt filed 06/18/2024, effective 06/18/2024 through 12/14/2024

Or. Admin. R. 461-196-0070 Enrollment Verification; SEBT

(1) Enrollment verification used to determine eligibility for the Summer EBT (SEBT) program will be provided according to sections (2) and (3) of this rule.

(2) Automatic enrollment with streamlined certification (see OAR 461-196-0020 and 461-196-0060).

(a) Data for school aged children who are categorically eligible (see OAR 461-196-0020) based on their participation in Head Start, the Food Distribution Program on Indian Reservations (FDPIR), or because of their Migrant, homeless, or runaway status will be shared by schools with the Department (see OAR 461-196-0020) as part of the regular direct certification data share to be used for SEBT eligibility.

(b) Data for school aged children who are on an active Supplemental Nutrition Assistance Program (SNAP) or Temporary Assistance for Needy Families (TANF) case at any time during the eligibility period will be shared by Oregon Department of Human Services (ODHS) with the Department to be used for SEBT eligibility.

(c) Data for school aged children who are part of a foster care case through ODHS Child Welfare will be shared by ODHS Child Welfare with the Department for SEBT eligibility.

(d) Data for school aged children who are part of an Oregon Health Plan Medicaid case through Oregon Health Authority will be shared by the Oregon Health Authority with the Department for SEBT eligibility.

(3) Enrollment through SEBT application (see OAR 461-196-0060).

(a) Confirmation of enrollment in a National School Lunch Program (NSLP) (see OAR 461-196-0020) participating school during the instructional year immediately preceding the summer period will be used for SEBT eligibility.

(b) Enrollment confirmation can be verified by:

(A) The Student Enrollment Data (SED) file provided by Oregon Department of Education (ODE) to the Department .

(B) An official document from or through the school which shows the students full name, school year and school name. Examples of this verification include a letter from a school official, online registration or enrollment systems or last quarter of grades.

(c) Children who are not enrolled in an NSLP participating school in the immediately preceding instructional year (see OAR 461-196-0020 and 461-196-0060) cannot be certified as eligible, and therefore cannot be deemed eligible for SEBT through submission of an application for SEBT benefits.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060
SSP 58-2024, adopt filed 11/27/2024, effective 12/01/2024
SSP 40-2024, temporary adopt filed 06/18/2024, effective 06/18/2024 through 12/14/2024

Or. Admin. R. 461-196-0080 Verification; SEBT

(1) Individuals who are determined to be eligible through streamlined certification as described in OAR 461-196-0060, are not required to provide verification (see OAR 461-196-0200).

(2) Summer EBT (SEBT) applications (see OAR 461-196-0020)are subject to the following verification requirements at any time during the eligibility period (see OAR 461-196-0020 and 461-196-0060):

(a) Verification for Cause. The Department (see OAR 461-196-0020) must verify for cause SEBT applications when the Department has knowledge or available information suggesting a filing group (see OAR 461-196-0020) has intentionally misreported its income, including by leaving the income fields blank on the SEBT application .

(b) Verification Sample of three percent of Approved Applications.

(A) The Department must verify eligibility of children in a sample of SEBT applications approved for benefits for the summer.

(B) The sample size for the Department must equal three percent of all SEBT applications approved by the Department from the start of the eligibility period through April 1 of the school year immediately preceding the summer operational period (see OAR 461-196-0020 and 461-196-0060), selected randomly from all applications.

(3) Individuals must provide verification when requested by the Department . The Department will notify the filing group through a Notice of Request for Information as described in OAR 461-196-0100, when verification , or additional verification , of any factor affecting eligibility is required.

(4) The Department must give filing groups at least 15 calendar days to provide required verification.

(5) The Department must make at least two follow up attempts, at least one week apart, to contact a filing group that does not respond to a Notice of Request for Information. The follow up attempts can be made by a telephone call, email or mail.

(6) SEBT benefits cannot be issued for SEBT applications selected for verification until the verification process is completed with the exception of verification for cause, as described in subsection (2)(a) of this rule.

(7) If the filing group refuses to cooperate or fails to provide verification when requested by the Department , the filing group’s application for SEBT benefits will be denied.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060
SSP 12-2025, amend filed 06/26/2025, effective 07/01/2025
SSP 58-2024, adopt filed 11/27/2024, effective 12/01/2024
SSP 40-2024, temporary adopt filed 06/18/2024, effective 06/18/2024 through 12/14/2024

Or. Admin. R. 461-196-0090 Income Availability; SEBT

(1) Current Income refers to the gross income received by the filing group (see OAR 461-196-0020) the month prior to the Summer EBT application (see OAR 461-196-0020), before any deductions. If this income does not reflect the filing group's typical income, they can estimate their annual income.

(2) Self-employment income is considered countable based upon the net income after expenditures. Net income for self-employed individuals is figured by subtracting the individual's operating expenses from the gross receipts.

(a) Deductible business expenses include, but are not limited to:

(A) The cost of goods purchased.

(B) Rent.

(D) Wages and salaries paid.

(E) Business taxes.

(b) Non-deductible business expenses include:

(A) The value of salable merchandise used by the proprietors of retail businesses.

(B) Personal, Federal, State, or local income taxes.

(A) The total income from goods sold or services rendered by the business.

(B) The value of all products sold.

(3) Income is considered countable for determining SEBT eligibility unless specified as excluded per section (6) of this rule.

(4) Income of a child, who is under 18 years old, is considered countable unless excluded per section (6) of this rule.

(5) Income is considered available the date it is received or the date a member of the filing group has a legal right to the payment and the legal ability to make it available, whichever is earlier, except as follows:

(a) Income usually paid monthly or on some other regular payment schedule is considered available on the regular payment date if the date of payment is changed because of a holiday or weekend.

(b) Income withheld or diverted at the request of an individual is considered available on the date the income would have been paid without the withholding or diversion.

(6) The following is excluded income for determining SEBT eligibility.

(a) Disaster Assistance:

(A) National Flood Insurance Program (NFIP) payments received by property owners.

(B) Payments under the Disaster Relief Act of 1974, as amended by the Disaster Relief and Emergency Assistance Amendments of 1989, P.L. 100-707.

(b) Housing assistance:

(A) Reimbursements from the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.

(B) Payments received under the Cranston-Gonzales National Affordable Housing Act, P.L. 101-625.

(c) In-kind benefit including housing for clergy, cars for salespersons, employee medical or dental benefits, etc. are not cash payments and, therefore, are not considered as income.

(d) Infrequent earnings received on an irregular basis, such as payment for occasional baby-sitting or yard work.

(e) Loans, such as bank loans since these funds are only temporarily available and must be repaid.

(f) Lump-sum payments or large cash settlements that are not received on a regular basis.

(g) Military compensation:

(A) Combat pay.

(B) Family Subsistence Supplemental Allowance.

(D) Payments under the Agent Orange Compensation Exclusion Act, P.L. 101-201.

(h) Payments received from a foster care agency or court for the care of foster children.

(i) Supplemental Nutrition Assistance Program (SNAP) benefits.

(j) Student financial aid:

(A) Financial assistance provided for the costs of attendance at an educational institution, such as grants and scholarships awarded to meet educational expenses and not available to pay for meals.

(B) Student financial assistance received under Title IV of the Higher Education Act of 1965, including the Pell Grant, Supplemental Education Opportunity Grant, State Student Incentive Grants, National Direct Student Loan, PLUS, College Work Study, and Byrd Honor Scholarship Programs, to the extent excluded by the Act.

(C) Payments received under the Carl D. Perkins Vocational Education Act, as amended by the Carl D. Perkins Vocational and Applied Technology Act Amendments of 1990, P.L. 101-392.

(k) Tribal per Capita income if the income is held in a trust.

(l) Volunteer payments:

(A) Any payment to volunteers under Title I (VISTA and others) and Title II (RSVP, foster grandparents, and others) of the Domestic Volunteer Service Act of 1973 to the extent excluded by the Act.

(B) Payments to volunteers under Section 8(b)(1)(B) of the Small Business Act (SCORE and ACE).

(C) Payments and allowances to individuals participating in AmeriCorps to the extent excluded by the National and Community Service Act of 1990.

(m) Utility assistance payments under the Low-income Home Energy Assistance Act P.L. 99-125.

(n) Women Infant and Children (WIC) benefits.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060
SSP 58-2024, adopt filed 11/27/2024, effective 12/01/2024
SSP 40-2024, temporary adopt filed 06/18/2024, effective 06/18/2024 through 12/14/2024

Or. Admin. R. 461-196-0100 Notices; SEBT

(1) Notice of Eligibility, Approval.

(a) When a filing group (see OAR 461-196-0020) is determined eligible through a Summer EBT (SEBT) application (see OAR 461-196-0020), the Department (see OAR 461-196-0020) will provide a notice of eligibility to the filing group of a child's approved status within 15 business days of receipt of a complete application.

(b) When a filing group is determined eligible through streamlined certification (see OAR 461-196-0020 and 461-196-0060), the Department will provide a notice of eligiblity to the filing group of a child’s approved status within 15 business days of the date benefits are made available to the filing group . The notice of approval will inform the filing group how to opt-out if they do not want their child to receive SEBT benefits and that an application is not required.

(c) The approval notice will inform the filing group that dual participation (see OAR 461-196-0020) in the SEBT program in the same summer operational period (see OAR 461-196-0020 and 461-196-0060) is not allowed.

(2) Notice of Eligibility, Denial.

(a) When a filing group is determined ineligible through a SEBT application , the Department will provide a notice of eligibility to the filing group of a child’s denied status within 15 business days of receipt of a complete application.

(b) The Notice of Eligibility Denial will include the following information:

(A) The specific reason or reasons for the denial of benefits.

(B) Notification of the right to appeal.

(D) A statement reminding households that they may reapply for benefits at any time.

(3) Notice of Incomplete Application.

(a) When a SEBT application is submitted and determined as incomplete, the Department will notify the filing group within 10 business days of the receipt of the application that additional information is needed.

(b) The Notice of Incomplete Application will include the following information:

(A) What information is missing.

(B) How to provide the missing information back to the Department .

(D) That no further action will be taken on the application if the missing information is not provided back to the Department .

(d) A Notice of Incomplete Application will not be sent if a mailing address or email address is not provided on the application.

(4) Notice of Request for Information.

(a) The Department will notify the filing group through a Notice of Request for Information when verification (see OAR 461-196-0020) is required through Verification for Cause (see OAR 461-196-0020) or Verification Sampleof three percent of Approved Applications as detailed in OAR 461-196-0080.

(b) The Notice of Request for Information will include the following information:

(A) Informs the filing group they may provide proof of receiving assistance under Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance for Needy Families (TANF), Medicaid (Oregon Health Plan) or Foster Care through Child Welfare which would confer streamlined certification for SEBT.

(B) The filing group may request the Department to contact the appropriate officials to confirm their child(ren) are determined Migrant, homeless, runaway or missing by the school or part of a household which receives Food Distribution Program on Indian Reservations (FDPIR) or Head Start.

(D) Failure to cooperate with the Request for Information will result in the filing group’s request for SEBT benefits being denied.

(c) SEBTapplications pending for verification must be provided a notice of eligibility within 30 calendar days after a complete application is received by the Department.

History

Statutory/Other Authority: 411.060
Statutes/Other Implemented: 411.060
SSP 12-2025, amend filed 06/26/2025, effective 07/01/2025
SSP 58-2024, adopt filed 11/27/2024, effective 12/01/2024
SSP 40-2024, temporary adopt filed 06/18/2024, effective 06/18/2024 through 12/14/2024

Or. Admin. R. 461-196-0110 Processing Timeframes; SEBT

(1) Children found eligible through streamlined certification (see OAR 461-196-0020 and 461-196-0060) or who have an approved Summer EBT (SEBT) application (see OAR 461-196-0020) on file prior to the start of the summer operational period (see OAR 461-196-0020 and 461-196-0060) must have benefits issued and available to use at least seven calendar days and no more than 14 calendar days before the start of the summer operational period .

(2) Children found eligible through an SEBT application after the start of the summer operational period must have benefits issued and available no later than 15 business days after a complete application and any required verification (see OAR 461-196-0020) is received by the Department (see OAR 461-196-0020).

(3) Children found eligible through information provided from the child’s school after the start of the summer operational period must have benefits issued and available no later than 15 business days from the date of receipt of information from the school.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060
SSP 27-2025, amend filed 12/23/2025, effective 01/01/2026
SSP 58-2024, adopt filed 11/27/2024, effective 12/01/2024
SSP 40-2024, temporary adopt filed 06/18/2024, effective 06/18/2024 through 12/14/2024

Or. Admin. R. 461-196-0120 Budgeting; SEBT

(1) In the Summer EBT (SEBT) program, the income eligibility criteria for the program is based upon the filing group’s (see OAR 461-196-0020) size and current income which is converted to arrive at an annual amount.

(2) Current income means the gross income received by the filing group in the month prior to the SEBT application (see OAR 461-196-0020) before any deductions.

(3) If the current income does not reflect the filing group's typical monthly income, they can estimate their annual income.

(4) If self-attested income is questionable, the Department (OAR 461-196-0020) will request verification for cause (OAR 461-196-0080).

(5) Self-employed individuals may use their previous year’s income to estimate this year’s net income unless their current net income is more representative of their actual earnings in accordance with OAR 461-196-0090.

(6) The Department will calculate the filing group’s current income based on the frequency of pay and converted as follows to arrive at an annual amount:

(a) Once a week pay is converted to an annual amount by multiplying by 52.

(b) Biweekly pay (e.g., paid every other Friday) is converted to an annual amount by multiplying by 26.

(d) Monthly pay is converted to an annual amount by multiplying by 12.

(7) For children who are not eligible through streamlined certification (OAR 461-196-0020 and 461-196-0060), the filing group's annual income must be under the income limit identified in section (8) of this rule to be eligible for SEBT.

(8) The National School Lunch Program/School Breakfast Program (NSLP/SBP) (see OAR 461-196-0020) income standards are published annually and change on July 1st of each year.

(a) The income standards for 2026 are from July 1, 2025, to June 30, 2026. [see attached table 1]

(b) The income standards for 2027 are from July 1, 2026, to June 30, 2027. [see attached table 2]

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: 411.060
Statutes/Other Implemented: 411.060
SSP 29-2026, amend filed 06/29/2026, effective 07/01/2026
SSP 12-2025, amend filed 06/26/2025, effective 07/01/2025
SSP 58-2024, adopt filed 11/27/2024, effective 12/01/2024
SSP 40-2024, temporary adopt filed 06/18/2024, effective 06/18/2024 through 12/14/2024

Or. Admin. R. 461-196-0130 Hearings; SEBT

(1) Contested case hearings in the Summer EBT (SEBT) program are authorized by OAR 461-025-0310 and the Department adopts the general contested case hearing provisions in OAR chapter 461 division 025 for the Summer EBT (SEBT) program, except:

(a) There is no right to an expedited hearing in the SEBT program.

(b) There is no right to continuation of benefits in the SEBT program.

(2) Intentional program violation (IPV) hearings in the SEBT program are authorized by OAR 461-025-0316.

(3) Subject to the approval of the Attorney General, an officer or employee of the Oregon Department of Human Services is authorized to appear on behalf of the Department in SEBT program hearings conducted by the Office of Administrative Hearings.

History

Statutory/Other Authority: ORS 411.060
Statutes/Other Implemented: ORS 411.060
SSP 58-2024, adopt filed 11/27/2024, effective 12/01/2024
SSP 40-2024, temporary adopt filed 06/18/2024, effective 06/18/2024 through 12/14/2024

Or. Admin. R. 461-196-0140 Replacement of Benefits; SEBT

(1) The Department (see OAR 461-196-0020)will only replace Summer EBT (SEBT) benefits if the provisions in section (2) or (3) of this rule apply.

(2) In the event of a filing group (see OAR 461-196-0020) misfortune or disaster, the Department will replace the value of food purchased with SEBT benefits when subsections (2)(a) through (2)(d) are true. The replacement of SEBT benefits are limited and issued under subsection (2)(e).

(a) The food was destroyed by a filing group misfortune or disaster.

(b) The filing group misfortune or disaster is verified.

(c) The filing group must report the loss within 10 calendar days of the occurrence, either orally or in writing. If the 10th day falls on a weekend or holiday and the statement is received the first workday after the weekend or holiday, the Department will consider the statement received on time.

(d) The filing group submits both of the following:

(A) The estimated cost of the lost food.

(B) A signed statement or affidavit attesting to the loss.

(e) The replacement of destroyed food is governed as follows:

(A) The amount of SEBT benefits replaced is only for the value of the food purchased with SEBT benefits lost due to the misfortune and may not exceed the SEBT benefit amount per child for the summer operational period (see OAR 461-196-0020 and 461-196-0060).

(B) The Department will issue a timely replacement of the value of loss by the later date of these two timeframes:

(i) Within 10 calendar days after the filing group reported the loss; or

(ii) Within two working days of receiving a signed statement or affidavit, the estimated cost of lost food and verification of the filing group’s misfortune or disaster.

(3) The Department shall replace stolen or compromised SEBT program benefits only if the loss is caused by one of the reasons listed in paragraphs(3)(a)(A) or (3)(a)(B) of this rule. For the purposes of this section, compromised means the EBT card or the EBT card number has been used by an unauthorized individual to withdraw or spend the SEBT benefits of the filing group .

(a) The loss of SEBT benefits must be caused by one of the following:

(A) The Department issued the EBT card to an unauthorized individual who was not in the filing group.

(B) The Department failed to cancel the EBT card after the filing group reported to the Department that it had been lost, stolen, or compromised.

(b) The replacement of lost SEBT benefits is governed as follows:

(A) When the loss is caused under paragraph 3(a)(A) of this rule, the Department shall replace all compromised SEBT benefits .

(B) When the loss is caused under paragraph (3)(a)(B) of this rule, the Department will only replace the additional compromised SEBT benefits after the filing group reported to the Department the EBT card had been lost, stolen, or compromised.

(C) The Department will issue a timely replacement of the value of the loss only after the filing group reported the loss.

(4) The Department will replace an EBT card reported lost, stolen, or not received only after the current card has been deactivated. An EBT card that is damaged or not functioning properly is replaced only after the card's status is changed to "card damaged" and the card is destroyed.

(5) The Department will not replace SEBT benefits that were stolen due to electronic benefit theft. Electronic benefit theft includes the following defined terms:

(a) “Card skimming” is defined as EBT card information stolen utilizing a store’s card-swiping machine.

(b) “Card cloning” is defined as the use of information obtained by “card skimming” to create a fake EBT card for fraudulent use.

(c) “Another similar fraudulent method” is defined as EBT card information compromised through electronic means. This may include but is not limited to scams sent by text, e-mail, or telephone. It does not include the theft or unauthorized use of an individual’s physical EBT card.

History

Statutory/Other Authority: 411.060
Statutes/Other Implemented: 411.060
SSP 58-2024, adopt filed 11/27/2024, effective 12/01/2024
SSP 47-2024, temporary adopt filed 08/23/2024, effective 08/23/2024 through 02/18/2025

Or. Admin. R. 461-196-0150 Restoration of Lost Benefits; SEBT

(1) An individual is entitled to a restoration of lost benefits if:

(a) The loss was caused by an error by the Department ( see OAR 461-196-0020), including an action to restore any benefits that were lost, or the failure to issue due to agency error; or

(b) An administrative disqualification for intentional program violation (see OAR 461-195-0601) was subsequently reversed.

(2) Benefits shall be restored for not more than twelve months prior to whichever of the following occurred first:

(a) The date the Department receives a request for restoration from the filing group (see OAR 461-196-0020); or

(b) The date the Department is notified or otherwise discovers that a loss to a filing group has occurred.

(3) The Department must restore benefits found to have been wrongfully withheld through judicial action.

(a) If the judicial action is the filing group’s first attempt to regain lost benefits, the benefits must be restored for not more than twelve months from the date the court action began.

(b) When the judicial action involves reviewing the Department’s action, benefits must be restored not more than twelve months from:

(A) The date the agency receives a restoration request.

(B) If no request is made, the date the hearing action is initiated.

(D) Benefits must be restored even if the child is currently ineligible.

(4) The Department must restore any lost benefits to a filing group by issuing an allotment equal to the amount of benefits that were lost, irrespective of the filing group 's current eligibility status. This restored amount will be issued in addition to the regular allotment entitled to the eligible filing group .

(5) The Department will issue a timely replacement of Summer EBT benefits within 10 days of receiving the request for restoration, the discovery of the agency error that led to the lost benefits, or the notification of judicial or administrative action ordering the benefits to be restored.

(6) Individuals disqualified for i ntentional program violation are entitled to restoration of any benefits lost during the months that they were disqualified, not to exceed twelve months prior to the date of Department notification, only if the decision which resulted in disqualification is subsequently reversed.

History

Statutory/Other Authority: 411.060
Statutes/Other Implemented: 411.060
SSP 27-2025, amend filed 12/23/2025, effective 01/01/2026
SSP 58-2024, adopt filed 11/27/2024, effective 12/01/2024
SSP 47-2024, temporary adopt filed 08/23/2024, effective 08/23/2024 through 02/18/2025

Or. Admin. R. 461-196-0160 Overpayments; SEBT

(1) The Department (see OAR 461-196-0020) will pursue an overpayment claim when:

(a) The overpayment amount is $200 or more;

(b) The filing group (see OAR 461-196-0020) was found eligible through a Summer EBT (SEBT) application; and

(c) An individual in the filing group knowingly obtained SEBT benefits through fraudulent activity and there is an established intentional program violation (IPV) in accordance with OAR 461-195-0611.

(2) The Department will not recover an SEBT overpayment claim through the reduction of the filing group’s Supplemental Nutrition Assistance Program (SNAP) or any other public assistance benefits.

(3) Overpayments are calculated in accordance with OAR 461-195-0521 and liability for repayment of overpayments is addressed in OAR 461-195-0541.

History

Statutory/Other Authority: 411.060
Statutes/Other Implemented: 411.060
SSP 58-2024, adopt filed 11/27/2024, effective 12/01/2024
SSP 47-2024, temporary adopt filed 08/23/2024, effective 08/23/2024 through 02/18/2025

Or. Admin. R. 461-196-0170 Concurrent and Duplicate Program Benefits; SEBT

(1) An individual is not eligible to receive benefits from both Oregon and another state or Indian Tribal Organization for the same time period.

(2) An individual is not eligible to receive benefits as a member of more than one filing group (see OAR 461-196-0020) for the same time period.

History

Statutory/Other Authority: 411.060
Statutes/Other Implemented: 411.060
SSP 58-2024, adopt filed 11/27/2024, effective 12/01/2024
SSP 47-2024, temporary adopt filed 08/23/2024, effective 08/23/2024 through 02/18/2025

Division 197 YOUTH EXPERIENCING HOMELESSNESS ENHANCEMENT GRANT PROGRAM

Or. Admin. R. 461-197-0000 Purpose

OAR Chapter 461, division 197 rules establish criteria for awarding grants under the Youth Experiencing Homelessness - Enhancement Grant Program (YEH-EGP).

History

Statutory/Other Authority: ORS 417.802
Statutes/Other Implemented: ORS 417.802
SSP 10-2025, adopt filed 04/24/2025, effective 05/01/2025

Or. Admin. R. 461-197-0010 Definitions

Terms used in OAR chapter 461, division 197, are defined as follows, unless otherwise indicated by the context:

(1) “Culturally specific services” means community-based services provided to a population based on their needs using the languages, structures, and settings familiar to the culture of the population.

(2) “Department” means the Oregon Department of Human Services.

(3) "Evidence-based services" means supportive housing, outreach, culturally specific, culturally responsive, mental health, or substance abuse services and housing interventions that work based on best available research.

(4) “Homeless” means lacking a fixed, regular, safe, and adequate nighttime residence.

(5) “Host home programs” means short or long-term host home projects as defined in ORS 417.803 and OAR 461-198-0010.

(6) “Mental health or substance abuse services” refers to specialized interventions and supports for individuals with mental health or substance use disorders, designed to engage, and support youth experiencing homelessness (see section (9) of this rule), particularly those requiring tailored educational or therapeutic services or supports.

(7) “Outreach” means active street outreach or passive drop-in centers designed to engage with youth experiencing homelessness in need of services.

(8) “Shelter facilities” means community-based crisis housing programs that are addressing the immediate needs of youth experiencing homelessness . They provide a safe space for youth experiencing homelessness to reside, as well as food, clothing, system navigation, and referrals for health care, in addition to other services to encourage safe reunification, housing opportunities, and life skills.

(9) “Transitional housing” means temporary housing with supportive services to youth experiencing homelessness with the goal of interim stability and support to successfully move to and maintain permanent housing.

(10) “Youth experiencing homelessness” means a person who is at least 14 years of age but not more than 24 years of age, who is not in the physical custody of a parent or legal guardian and who is homeless .

History

Statutory/Other Authority: ORS 417.802
Statutes/Other Implemented: ORS 417.802
SSP 10-2025, adopt filed 04/24/2025, effective 05/01/2025

Or. Admin. R. 461-197-0020 Administration

(1) The Department (see OAR 461-197-0010) may award two-year grants through the Youth Experiencing Homelessness - Enhancement Grant Program (YEH-EGP). YEH-EGP grants are provided in addition to other scholarships or grants to organizations that provide services to youth experiencing homelessness (see OAR 461-197-0010).

(2) The Department may award a YEH-EGP grant to an organization that:

(a) Has an existing grant from the Department to provide services to youth experiencing homelessness ; or

(b) Proposes to provide evidence-based services (see OAR 461-197-0010) for youth experiencing homelessness in an underserved area or an area in which those services are not provided.

(3) In order to be considered for a YEH-EGP grant, an organization must complete an application and answer all questions included in the Request for Grant Proposals (RFGP).

(4) A YEH-EGP grant applicant must describe in the application and RFGP:

(a) How the applicant intends to ensure that other funding, including from federal or local governments or charitable donations, will be used to supplement the total cost of the proposed program or service;

(b) How the applicant will use the grant for purposes outlined in OAR 461-197-0030(1);

(c) Detailed plans outlining estimated timelines, key milestones, and deliverables when implementing proposed resources and activities;

(d) The organization's experience and capacity to manage youth experiencing homelessness response services;

(e) The unmet needs or missing supports for youth experiencing homelessness in the geographic area where the services will be provided; and

(f) Staff training components, including specific service-level support training programs and how the organization is prepared to provide safe and equitable services to all youth experiencing homelessness.

History

Statutory/Other Authority: ORS 417.802
Statutes/Other Implemented: ORS 417.802
SSP 10-2025, adopt filed 04/24/2025, effective 05/01/2025

Or. Admin. R. 461-197-0030 Core Services

(1) Grants awarded under the Youth Experiencing Homelessness-Enhancement Grant Program (YEH-EGP) may be used for any of the following:

(a) To increase the accessibility of any of the following programs and services to youth experiencing homelessness (see OAR 461-197-0010):

(A) Shelter facilities (see OAR 461-197-0010).

(B) Outreach (see OAR 461-197-0010).

(D) Mental health or substance abuse services (see OAR 461-197-0010).

(b) To create or strengthen partnerships with host home programs (see OAR 461-197-0010) and other transitional housing (see OAR 461-197-0010) options.

(2) Grant recipients with grant agreements for any services defined in section (1) of this rule must comply with all standards and objectives set forth in their grant agreement with the Department .

(3) A grant recipient and any individual or organization providing services with Youth Experiencing Homelessness Program (YEHP) funds may not deny services to, exclude, or otherwise discriminate against a youth experiencing homelessness based on race, color, religion, sex, gender identity, sexual orientation, national origin, age, disability, or other protected classes under federal and Oregon civil rights laws.

(4) A grant recipient may not use any portion of YEHP funds (whether through grants, contracts, or other means) to:

(a) Directly influence legislation or policy decisions;

(A) Except when requested to participate as an expert in related committees, counsels, hearings, and proceedings.

(B) No endorsement of specific legislation is permitted.

(b) Retain, compensate, or engage lobbyists to influence government action or policy; or

History

Statutory/Other Authority: ORS 417.802
Statutes/Other Implemented: ORS 417.802
SSP 10-2025, adopt filed 04/24/2025, effective 05/01/2025

Or. Admin. R. 461-197-0040 Monitoring and Reporting Requirements

(1) The Department (see OAR 461-197-0010) will conduct reviews, audits, and other compliance monitoring as it deems appropriate to verify compliance with grant agreements. Grant recipients must cooperate fully with the Department in its compliance monitoring.

(2) Grant recipients shall:

(a) Allow Youth Experiencing Homelessness Program (YEHP) staff access to the grant recipient’s facilities and to speak with staff and youth experiencing homelessness (see OAR 461-197-0010) enrolled, or previously enrolled, in grant funded services.

(b) Submit semiannual progress reports to the Department in the format specified by the grant agreement. Progress reports must include a description of:

(A) Major activities and accomplishments;

(B) Challenges, barriers, and service gaps;

(D) Success in service delivery or development; and

(E) Any future plans or major activities.

(d) Maintain and provide access to financial records associated with the grant activities for a period of six years following final disbursement or termination of a grant agreement.

(e) Comply with all other data collection and reporting requirements outlined in the grant agreement.

(3) On an annual basis, the Department and the grant recipient shall jointly review semiannual progress reports to determine how allowable activities are being provided and if improvements or changes are needed to achieve identified goals and desired outcomes outlined in grant agreements.

(4) In the event a grant recipient is not in compliance with all applicable laws, rules, or the grant agreement, the Department will remedy noncompliance per terms outlined in grant agreement or may engage with grant recipients to discuss and remedy situations in which the grant recipient is:

(a) Not providing the allowable activities identified in the grant agreement;

(b) Not in communication with YEHP;

(d) Unwilling to engage in monitoring requests; or

(e) Unwilling to explore implementing recommendations from YEHP.

(5) At its sole discretion, the Department may terminate any agreement with any grant recipient as per terms outlined in the grant agreement.

History

Statutory/Other Authority: ORS 417.802
Statutes/Other Implemented: ORS 417.802
SSP 27-2025, amend filed 12/23/2025, effective 01/01/2026
SSP 24-2025, temporary amend filed 10/09/2025, effective 10/09/2025 through 04/06/2026
SSP 10-2025, adopt filed 04/24/2025, effective 05/01/2025

Division 198 YOUTH EXPERIENCING HOMELESSNESS HOST HOME PROGRAM

Or. Admin. R. 461-198-0000 Purpose

OAR chapter 461, division 198 rules establish criteria for awarding grants under the Youth Experiencing Homelessness – Host Home Program (YEH-HHP).

History

Statutory/Other Authority: ORS 417.803
Statutes/Other Implemented: ORS 417.803
SSP 9-2025, adopt filed 04/24/2025, effective 05/01/2025

Or. Admin. R. 461-198-0010 Definitions

Terms used in OAR chapter 461, division 198, are defined as follows, unless otherwise indicated by the context:

(1) “Community-based crisis support” means a system that connects host home participants (see section (4) of this rule) with community resources in the case of an emergency, including but not limited to; local systems of care, 911, 988, 211, Oregon Hopeline and Oregon Youthline.

(2) “Department” means the Oregon Department of Human Services.

(3) “Homeless” means lacking a fixed, regular, safe, and adequate nighttime residence.

(4) “Host Home” means a dwelling owned or rented by a private individual where a youth experiencing homelessness (see section (9) of this rule) will live under the terms of an agreement. The agreement may include rules or responsibilities the youth experiencing homelessness will follow while residing in the dwelling.

(5) “Host home participants” means both the youth experiencing homelessness and the private individual(s) supplying a private dwelling.

(6) “Host home provider(s)” means the private individual(s) who provide a dwelling to youth experiencing homelessness .

(7) “Host home project” means a project that facilitates an arrangement under which a youth experiencing homelessness resides in the home of a private individual, pursuant to the terms of a contract between the private individual and the youth, for free or at below-market rent.

(8) “Long-term host home project” means a host home project run by an organization that has a memorandum of understanding or a letter of agreement with one or more school districts, in which participating youth experiencing homelessness , on average during the most recent two years, resided in host homes for a minimum of 180 days, as reported by the relevant school district.

(9) “Short term host home project” means a host home project in which participating youth experiencing homelessness , on average during the most recent two years, resided in host homes for a maximum of 180 days, as reported by the relevant school district.

(10) “Youth experiencing homelessness” means a person who is:

(a) At least 16 years of age but not more than 21 years of age;

(b) Not in the physical custody of a parent or legal guardian;

(d) Not a ward of the state; and

(e) Homeless.

History

Statutory/Other Authority: ORS 417.803
Statutes/Other Implemented: ORS 417.803
SSP 9-2025, adopt filed 04/24/2025, effective 05/01/2025

Or. Admin. R. 461-198-0020 Administration

(1) In addition to and not in lieu of any other scholarship grants, the Department (see OAR 461-198-0010) may award two-year grants to organizations that operate host home projects (see OAR 461-198-0010) for youth experiencing homelessness (see OAR 461-198-0010) through the Youth Experiencing Homelessness - Host Home Project (YEH-HHP) grant program.

(2) An organization is eligible to apply for a YEH-HHP grant if the organization can demonstrate the ability to:

(a) Continue the operation of existing host home projects ;

(b) Expand host home projects in communities in which the organization provides services;

(c) Establish new long-term host home projects (see OAR 461-198-0010) in communities that do not have long-term host home projects; or

(d) Establish new short-term host home projects (see OAR 461-198-0010).

(3) In order to be considered for a YEH-HHP grant, an organization must complete an application and answer all questions included in the Request for Grant Proposals (RFGP).

(4) A YEH-HHP applicant must describe in the application and RFGP:

(b) The type of host home project the organization is continuing to develop or establish;

(c) Detailed plans outlining estimated timelines, key milestones, and deliverables when implementing proposed resources and activities;

(d) The organization's experience with the provision of housing youth, and capacity to manage youth experiencing homelessness response services;

(e) The unmet needs or missing supports for youth experiencing homelessness in the geographic area where the services will be provided; and

History

Statutory/Other Authority: ORS 417.803
Statutes/Other Implemented: ORS 417.803
SSP 17-2025, minor correction filed 07/29/2025, effective 07/29/2025
SSP 9-2025, adopt filed 04/24/2025, effective 05/01/2025

Or. Admin. R. 461-198-0030 Host Home Project Standards and Objectives

(1) To be eligible for a Youth Experiencing Homelessness (YEH) – Host Home Project (YEH-HHP) grant, a host home project (see OAR 461-198-0010) must:

(a) Comply with all provisions of YEH-HHP grant agreements.

(b) Ensure all individuals 18 years of age or older residing in the host home (see OAR 461-198-0010) who are not the youth experiencing homelessness (see OAR 461-198-0010) have an approved background check under ORS 181A.200 and 409.027.

(c) Train host home providers with base level information pertinent to hosting youth experiencing homelessness including, but not limited to:

(A) Hosting basics.

(B) Program expectations.

(D) Safety and emergency plans.

(E) Housing standards.

(d) Visit a host home property before a youth experiencing homelessness moves into the home, except when exempt from this requirement according to section (2) of this rule.

(e) Facilitate interviews between the youth experiencing homelessness and the host home prior to the youth experiencing homelessness electing to stay there, except when exempt from this requirement according to section (2) of this rule.

(f) Complete ongoing visits to a host home property as needed after a youth experiencing homelessness moves into the home.

(g) Complete informal check-ins with the youth experiencing homelessness.

(h) Provide documented, youth experiencing homelessness driven support planning.

(i) Provide ongoing support to host home participants (see OAR 461- 198-0010). Support services include but are not limited to:

(A) Case management.

(B) 24-hour, seven day a week community-based crisis support (see OAR 461-198-0010).

(j) Provide documented exit planning for youth experiencing homelessness .

(2) A Host Home Project is exempt from the requirements in subsections (1)(d) and (1)(e) of this rule if the host home project is supporting new host home participants who already reside together.

(3) Grant recipients must establish and maintain written operating procedures to support all of the following activities:

(a) Host home recruitment, safety screening, home visitation, training, support, and retention.

(b) Host home housing standards.

(d) Youth experiencing homelessness identification, support, and exit planning.

(e) Collection of programmatic feedback from host home participants .

(f) Reporting YEH-HHP programmatically required data to Homeless Management Information System (HMIS) as outlined in grant agreements.

(4) Grant recipients must provide ongoing training for host home providers (see OAR 461-198-0010) and host home project staff on topics aligned with youth experiencing homelessness needs, including but not limited to:

(a) LGBTQIA2S+ 101.

(b) Personal bias.

(d) Trauma and resiliency.

(e) Power and privilege.

(f) Adultism.

(g) Cultural competency.

(h) Fair housing law.

(i) Landlord-Tenant law.

(5) Grant recipients shall work to achieve the following outcomes for youth experiencing homelessness :

(a) Improved school attendance.

(b) Participation in formal or informal mentoring.

(c) Increased access to nutrition, health care, mental health care, trauma informed support, and transportation services.

(6) A grant recipient and any individual or organization providing services with Youth Experiencing Homelessness Program (YEHP) funds may not deny services to, exclude, or otherwise discriminate against a youth experiencing homelessness based on race, color, religion, sex, gender identity, sexual orientation, national origin, age, disability, or other protected classes under federal and Oregon civil rights laws.

(7) A grant recipient may not use any portion of YEHP funds (whether through grants, contracts, or other means) to:

(a) Directly influence legislation or policy decisions;

(A) Except when requested to participate as an expert in related committees, counsels, hearings, and proceedings.

(B) No endorsement of specific legislation is permitted.

(b) Retain, compensate, or engage lobbyists to influence government action or policy; or

History

Statutory/Other Authority: ORS 417.803
Statutes/Other Implemented: ORS 417.803, ORS 181A.200 & ORS 409.027
SSP 9-2025, adopt filed 04/24/2025, effective 05/01/2025

Or. Admin. R. 461-198-0040 Monitoring and Reporting Requirements

(1) The Department (see OAR 461-198-0010) will conduct reviews, audits, and other compliance monitoring as it deems appropriate to verify compliance with grant agreements. Grant recipients must cooperate fully with the Department in its compliance monitoring.

(2) Grant recipients shall:

(a) Allow Youth Experiencing Homelessness Program (YEHP) staff to access the host home project (see OAR 461-198-0010) facilities and allow YEHP staff to speak with host home project staff and host home participants (see OAR 461-198-0010).

(b) Submit semiannual progress reports to the Department in the format specified by the grant agreement. Progress reports must include a description of:

(A) Major activities and accomplishments;

(B) Challenges, barriers, and service gaps;

(D) Success in service delivery or development; and

(E) Any future plans or major activities.

(d) Maintain and provide access to financial records associated with the grant activities for a period of six years following final disbursement or termination of a grant agreement.

(e) Comply with all other data collection and reporting requirements outlined in the grant agreement.

(3) On an annual basis, the Department and the grant recipient shall jointly review semiannual progress reports to determine how allowable activities are being provided, and if improvements or changes are needed to achieve identified goals and desired outcomes outlined in grant agreements.

(4) In the event a grant recipient is not in compliance with all applicable laws, rules, or the grant agreement, the Department will remedy noncompliance per terms outlined in the grant agreement or may engage with grant recipients to discuss and remedy situations in which the grant recipient is:

(a) Not providing the allowable activities identified in the grant agreement;

(b) Not in communication with YEHP;

(d) Unwilling to engage in monitoring requests; or

(e) Unwilling to explore implementing recommendations from YEHP.

(5) At its sole discretion, the Department may terminate any agreement with any grant recipient as per terms outlined in the grant agreement.

History

Statutory/Other Authority: ORS 417.803
Statutes/Other Implemented: ORS 417.803
SSP 27-2025, amend filed 12/23/2025, effective 01/01/2026
SSP 24-2025, temporary amend filed 10/09/2025, effective 10/09/2025 through 04/06/2026
SSP 9-2025, adopt filed 04/24/2025, effective 05/01/2025