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Application, Redetermination, And Verification


Published: 2015

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The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS









 

DIVISION 115
APPLICATION, REDETERMINATION, AND VERIFICATION

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 SNAP program 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.
Stat. Auth.: ORS 411.060, 411.816, 414.042

Stats. Implemented: ORS 411.060, 411.816, 414.042

Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 3-1991(Temp), f. & cert. ef. 1-17-91; AFS 13-1991, f. & cert. ef. 7-1-91; AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92; AFS 8-1992, f. & cert. ef. 4-1-92; AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92; AFS 2-1994, f. & cert. ef. 2-1-94; AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00; SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07; SSP 10-2007, f. & cert. ef. 10-1-07
461-115-0016
Application Process; Reservation
List for ERDC
Notwithstanding any other rule in chapter
461 of the Oregon Administrative Rules, in the ERDC program:
(1) Eligibility (see OAR
461-001-0000) is subject to the availability of funds. The Department may implement
a Child Care Reservation List whenever the Department determines that sufficient
funding is not available to sustain benefits for all of the applicants requesting
assistance.
(2) Except as provided in
section (3) of this rule, the following applicants are subject to placement on the
Child Care Reservation List when the Child Care Reservation List is in effect:
(a) New applicants for ERDC
when no member of the ERDC filing group (see OAR 461-110-0350) meets the requirements
of one or more of the following paragraphs:
(A) Received a partial or
full month of REF, SFPSS, or TANF program cash benefits from the State of Oregon
in at least one of the preceding three months; and no member of the ERDC program
filing group may be concurrently receiving TANF program benefits except as allowed
under OAR 461-165-0030.
(B) Is eligible for and being
placed in a current opening in a Head Start program contracted slot under OAR 461-135-0405
or an Oregon Program of Quality contracted slot under OAR 461-135-0407.
(C) The caretaker (see OAR
461-001-0000) is currently working with Child Welfare as part of a CPS assessment
or open case, an ongoing safety plan is in place, and Child Welfare has determined
the use of child care as part of an ongoing safety plan will:
(i) Prevent removal of the
child (see OAR 461-001-0000) from their home;
(ii) Allow a child to be
returned home; or
(iii) Allow for placement
of the child with a relative or with an adult whom the child or the family of the
child has an established relationship.
(D) Determined eligible for
TA-DVS program benefits (see OAR 461-135-1225) from the State of Oregon in the current
month or at least one of the preceding three months.
(b) Individuals who are reapplying
for ERDC after a break in ERDC benefits of two consecutive, calendar months or more.
(3) Except as allowed under
OAR 461-165-0030, no member of an ERDC program filing group may be concurrently
receiving TANF program benefits. When concurrent benefits are not allowed, the Department
sends a decision notice (see OAR 461-001-0000) of ineligibility for the ERDC program
and the filing group is not placed on the Child Care Reservation List.
(4) When the Child Care Reservation
List is in effect, the Department must place all applicants who are subject to the
Child Care Reservation List under section (2) of this rule on the Child Care Reservation
List for future selection. The Department sends these applicants a decision notice
of ineligibility for the ERDC program.
(5) Each month, on the basis
of an estimate of available funds, an appropriate number of individuals from the
Child Care Reservation List are randomly selected and invited to apply for ERDC.
(6) After an individual is
selected from the Child Care Reservation List, the individual must contact the Department
to establish a date of request (see OAR 461-115-0030) no later than 30 days after
the date on the selection letter. The individual may request child care benefits
from the Department:
(a) Without completing a
new application, when the previous application is within 45 days of its date of
request; or
(b) By submitting a new application
for child care benefits to the Department.
(7) The processing time frame
for the ERDC application is the same as that specified in OAR 461-115-0190, except
that:
(a) An individual who requests
benefits after the 30 day deadline to apply (see section (6) of this rule) will
be returned to the Child Care Reservation List.
(b) If the Department does
not receive a request for benefits within the deadline to apply, the individual
is dropped from the Child Care Reservation List.
Stat. Auth.: ORS 409.050, 411.060 &
411.116
Stats. Implemented: ORS 409.010,
409.050, 409.610, 411.060, 411.116, 411.121, 411.122 & 411.135
Hist.: SSP 23-2011(Temp),
f. & cert. ef. 8-1-11 thru 1-27-12; SSP 35-2011, f. 12-27-11, cert. ef. 1-1-12;
SSP 29-2012(Temp), f. 8-31-12, cert. ef. 9-1-12 thru 2-28-13; SSP 37-2012, f. 12-28-12,
cert. ef. 1-1-13; SSP 39-2013(Temp), f. 12-31-13, cert. ef. 1-1-14 thru 6-30-14;
SSP 15-2014, f. & cert. ef. 7-1-14; SSP 25-2014(Temp), f. & cert. ef 10-1-14
thur 3-30-15; SSP 10-2015, f. 3-12-15, cert. ef. 3-31-15
461-115-0020
Application Requirements
To complete the application process, the applicant or his or her authorized representative must complete and sign an application, apply at the appropriate location, provide necessary information to the Department within the time frames specified for each program, and meet the interview requirements of OAR 461-115-0230.
Stat. Auth.: ORS 411.050, 411.060, 411.070

Stats. Implemented: ORS 411.050, 411.060, 411.070

Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92; AFS 8-1992, f. & cert. ef. 4-1-92; AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92; AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00
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. The request starts
the application process.
(2) The "date of request"
is one of the following:
(a) In the EA, ERDC, GA,
OSIP, REF, and TANF programs and for support service payments in the JOBS program
authorized by OAR 461-190-0211, the "date of request" is the day the request for
benefits is received by the Department.
(b) In the SNAP program,
this section does not apply. See OAR 461-115-0040.
(c) In the GAM, OSIPM, QMB,
and 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 OSIPM, QMB, 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 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.
Stat. Auth.: ORS 409.050, 411.060, 411.070,
411.404, 411.704, 411.706, 411.816, 412.014, 412.049, 413.085, 414.685, 414.826,
414.839
Stats. Implemented: ORS 409.010,
409.050, 411.060, 411.070, 411.404, 411.704, 411.706, 411.816, 412.014, 412.049,
413.085, 414.041, 414.685, 414.826, 414.839
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92; AFS 8-1992, f. &
cert. ef. 4-1-92; AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92; AFS 28-1992, f. &
cert. ef. 10-1-92; AFS 12-1993, f. & cert. ef. 7-1-93; AFS 2-1994, f. &
cert. ef. 2-1-94; AFS 22-1995, f. 9-20-95, cert. ef. 10-1-95; AFS 9-1997, f. &
cert. ef. 7-1-97; AFS 24-1997, f. 12-31-97, cert. ef. 1-1-98; AFS 9-1999, f. &
cert. ef. 7-1-99; AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00; AFS 5-2000, f. 2-29-00,
cert. ef. 3-1-00; SSP 17-2004, f. & cert. ef. 7-1-04; SSP 21-2004, f. &
cert. ef. 10-1-04; SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06; SSP 4-2007, f. 3-30-07,
cert. ef. 4-1-07; SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08; SSP
5-2008, f. 2-29-08, cert. ef. 3-1-08; SSP 12-2008(Temp), f. & cert. ef. 4-17-08
thru 6-30-08; SSP 17-2008, f. & cert. ef. 7-1-08; SSP 23-2008, f. & cert.
ef. 10-1-08; SSP 22-2009(Temp), f. & cert. ef. 8-28-09 thru 2-21-10; SSP 38-2009,
f. 12-31-09, cert. ef. 1-1-10; SSP 39-2009(Temp), f. 12-31-09, cert. ef. 1-1-10
thru 6-30-10; SSP 18-2010, f. & cert. ef. 7-1-10; SSP 23-2011(Temp), f. &
cert. ef. 8-1-11 thru 1-27-12; SSP 35-2011, f. 12-27-11, cert. ef. 1-1-12; SSP 30-2013(Temp),
f. & cert. ef. 10-1-13 thru 3-30-14; SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14;
SSP 16-2014, f. & cert. ef. 7-1-14; SSP 17-2015, f. & cert. ef. 6-30-15;
SSP 22-2015(Temp), f. & cert. ef. 7-23-15 thru 1-18-16; SSP 28-2015, f. 9-29-15,
cert. ef. 10-1-15
461-115-0040
Filing Date; REF, SNAP, TANF
(1) In the REF and TANF programs, the
"filing date" is established when a signed and dated application for benefits is
received by the Department.
(2) In the SNAP program:
(a) A filing group (see OAR
461-110-0370) 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.
(b) The "filing date" is
the date a signed written 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(3). The written request may be a Department-approved form or other
written material that includes the client's name, address, and signature.
Stat. Auth.: ORS 409.050, 411.060, 411.070,
411.816, 412.006, 412.049
Stats. 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
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 13-1991, f. & cert. ef. 7-1-91; AFS 3-1997, f. 3-31-97,
cert. ef. 4-1-97; AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00; SSP 17-2015, f. &
cert. ef. 6-30-15; SSP 22-2015(Temp), f. & cert. ef. 7-23-15 thru 1-18-16; SSP
28-2015, f. 9-29-15, cert. ef. 10-1-15
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 TA-DVS program as provided in OAR 461-135-1220.
(b) In all programs except
the TA-DVS program:
(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 homeless, provides a valid mailing address.
(iii) The application is
signed by the individual, the authorized representative (see OAR 461-115-0090 and
461-115-0140) 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 SNAP program,
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 461-180-0080.
(b) In all programs except
the SNAP program, when a single application can be used both to determine an individual
is ineligible on the date of request (see OAR 461-115-0030) and to determine the
individual is eligible when anticipated changes make the filing group eligible within
45 days from the date of request.
(c) When the case is closed
and reopened during the same calendar month.
(d) 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.
(e) When reinstating medical
benefits for a pregnant woman covered by OAR 461-135-0950, notwithstanding subsection
(g) of this section.
(f) In the ERDC program,
when a case closed during the certification period (see OAR 461-001-0000) and the
individual reports a change in circumstances prior to the end of the month following
the closure and the reported change will make the individual eligible.
(g) In the GAM, OSIPM, and
QMB programs, when the medical benefits of an individual are suspended because the
individual lives in a public institution (see OAR 461-135-0950), if the inmate is
released within 12 months of admission and the inmate provides notification to the
Department within 10 days of the release.
(3) When an individual establishes
a new date of request prior to the end of the month following the month of case
closure, unless the Department determines a new application is required, a new application
is not required in the following situations:
(a) In the OSIPM program,
when the individual's case closed due to failure to make a liability payment required
under OAR 461-160-0610.
(b) In the OSIPM-EPD program,
when the individual's case closed due to failure to make a participant fee payment
required under OAR 461-160-0800.
(4) A new application is
required to add a newborn child (see OAR 461-001-0000) to a benefit group (see OAR
461-110-0750) according to the following requirements:
(a) In the ERDC and SNAP
programs, an application is not required to add the child to the benefit group.
(b) In the GAM, OSIPM, QMB,
and REFM programs, an additional application is not required to add an assumed eligible
newborn (see OAR 461-135-0010) to a benefit group currently receiving Department
medical program benefits.
(c) In the TANF program:
(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."
(d) In all programs other
than ERDC, GAM, QMB, REF, REFM, SNAP, and TANF, an application is required.
(5) A new application is
required to add an individual, other than a newborn child, to a benefit group according
to the following requirements:
(a) In the ERDC and SNAP
programs, a new application is not required.
(b) 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.
(c) In all programs other
than the ERDC, REF, REFM, SNAP, and TANF programs, a new application is required.
(6) An individual whose TANF
grant is closing may request ERDC orally or in writing.
(7) Except for an applicant
for the OSIPM, QMB, or SNAP program, 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.
(c) The program change can
be effected while the individual is eligible for the first program.
(8) In the OSIP, OSIPM, and
QMB programs, a new application is not required to redetermine eligibility if the
following conditions are met:
(a) The individual is currently
receiving benefits from one of these programs.
(b) The Department has sufficient
evidence to redetermine eligibility for the same program or determine eligibility
for the new program without a new application or by amending the current application.
Stat. Auth: ORS 409.050, 411.060, 411.070,
411.404, 411.706, 411.816, 412.049, 413.085, 414.025, 414.685
Stats. Implemented: ORS 409.050,
411.060, 411.070, 411.117, 411.404, 411.704, 411.706, 411.816, 412.049, 413.085,
414.025, 414.041, 414.231, 414.685, 414.839
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90; AFS 23-1990, f. 9-28-90,
cert. ef. 10-1-90; AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91; AFS 3-1991(Temp),
f. & cert. ef. 1-17-91; AFS 13-1991, f. & cert. ef. 7-1-91; AFS 2-1992,
f. 1-30-92, cert. ef. 2-1-92; AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92; AFS 12-1993,
f. & cert. ef. 7-1-93; AFS 2-1994, f. & cert. ef. 2-1-94; AFS 10-1995, f.
3-30-95, cert. ef. 4-1-95; AFS 27-1996, f. 6-27-1996, cert. ef. 7-1-96; AFS 36-1996,
f. 10-31-96, cert. ef. 11-1-96; AFS 9-1997, f. & cert. ef. 7-1-97; AFS 13-1997,
f. 8-28-97, cert. ef. 9-1-97; AFS 4-1998, f. 2-25-98, cert. ef. 3-1-98; AFS 5-1998(Temp),
f. & cert. ef. 3-11-98 thru 5-31-98; AFS 8-1998, f. 4-28-98, cert. ef. 5-1-98;
AFS 17-1998, f. & cert. ef. 10-1-98; AFS 2-1999, f. 3-26-99, cert. ef. 4-1-99;
AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00; AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00;
AFS 19-2001, f. 8-31-01, cert. ef. 9-1-01; AFS 21-2001(Temp), f. & cert. ef.
10-1-01 thru 12-31-01; AFS 22-2001, f. & cert. ef. 10-1-01; AFS 27-2001, f.
12-21-01, cert. ef. 1-1-02; SSP 22-2004, f. & cert. ef. 10-1-04; SSP 4-2005,
f. & cert. ef. 4-1-05; SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07; SSP 7-2007,
f. 6-29-07, cert. ef. 7-1-07; SSP 10-2007, f. & cert. ef. 10-1-07; SSP 2-2008(Temp),
f. & cert. ef. 1-28-08 thru 6-30-08; SSP 17-2008, f. & cert. ef. 7-1-08;
SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09; SSP 13-2009, f. & cert. ef. 7-1-09;
SSP 17-2009(Temp), f. 7-29-09, cert. ef. 8-1-09 thru 1-28-10; SSP 22-2009(Temp),
f. & cert. ef. 8-28-09 thru 1-28-10; SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10;
SSP 39-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10; SSP 18-2010, f. &
cert. ef. 7-1-10; SSP 26-2011(Temp), f. 9-30-11, cert. ef. 10-1-11 thru 3-29-12;
SSP 35-2011, f. 12-27-11, cert. ef. 1-1-12; SSP 19-2013(Temp), f. 7-31-13, cert.
ef. 8-1-13 thru 1-28-14; SSP 28-2013(Temp), f. & cert. ef. 10-1-13 thru 1-28-14;
SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14; SSP 15-2014, f. & cert. ef. 7-1-14;
SSP 28-2014(Temp), f. & cert. ef. 10-29-14 thru 4-26-15; SSP 16-2015, f. &
cert. ef. 4-1-15; SSP 24-2015, f. 9-29-15, cert. ef. 10-1-15
461-115-0071
Who Must Sign the Application and
Complete the Application Process
(1) In the ERDC and TANF programs, the
following individuals must sign the application and complete the application process:
(a) In the ERDC program,
a caretaker (see OAR 461-001-0000).
(b) In the TANF program,
at least one caretaker relative (see OAR 461-001-0000).
(2) In the 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.
(c) A dependent child 18
years of age who applies must sign the application and complete the application
process.
(3) In the GA, GAM, OSIPM,
and QMB programs, at least one adult requesting assistance must complete the application
process and sign the application, if able. If there is no adult who is able to sign
the application and complete the application process, this may be done by the authorized
representative (see OAR 461-115-0090). If the applicant dies prior to the determination
of eligibility for OSIPM, the application may be processed if the Department receives
the required verification.
(4) In the REF and REFM programs,
at least one adult member of the filing group (see OAR 461-110-0430) must sign the
application.
(5) In the SNAP program,
the primary person (see OAR 461-001-0015), the spouse of the primary person, or
another adult member of the filing group (see 461-110-0370) must sign the application
and complete the application process.
(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 an inmate (see 461-135-0950)
and is applying for benefits under the OSIPM program.
Stat. Auth.: ORS 411.060, 411.070, 411.404,
411.816, 412.049
Stats. Implemented: ORS 411.060,
411.070, 411.081, 411.087, 411.400, 411.404, 411.816, 412.049
Hist.: SSP 4-2005, f. &
cert. ef. 4-1-05; SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05; SSP 6-2006, f. 3-31-06,
cert. ef. 4-1-06; SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10; SSP 23-2010(Temp),
f. & cert. ef. 7-15-10 thru 1-11-11; SSP 41-2010, f. 12-30-10, cert. ef. 1-1-11;
SSP 25-2011, f. 9-30-11, cert. ef. 10-1-11; SSP 30-2013(Temp), f. & cert. ef.
10-1-13 thru 3-30-14; SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14; SSP 19-2014(Temp),
f. & cert. ef. 7-16-14 thru 1-12-15; SSP 4-2015, f. & cert. ef. 1-1-15;
SSP 24-2015, f. 9-29-15, cert. ef. 10-1-15
461-115-0090
Authorized Representatives; General
(1) The head of household, spouse
(see OAR 461-001-0000), or any other responsible member of the household may designate
an authorized representative to act on behalf of the household in making application
for the program, in reporting changes, in obtaining benefits, or in using benefits.
(2) In all programs except the
SNAP program, the Department must allow a person or persons of the applicant's choice
to act as the authorized representative unless the person may cause harm to the
client or may be considered as having a conflict of interest.
(3) In all programs except the
SNAP program, if an authorized representative is needed but has not been designated
by the client, the Department will appoint one.
(4) In the SNAP program:
(a) Except as limited by sections
(5) and (6) this rule, the selection of an authorized representative must be made
in writing by an adult member of the household.
(b) The selection and authority
of an authorized representative is further limited by OAR 461-115-0140.
(5) A client who resides in
a drug addiction or alcoholic treatment center identified in OAR 461-135-0550(2)
may apply for SNAP program benefits only through an authorized representative. The
authorized representative must be an employee of and designated by the center.
(6) A client with a disability
(see OAR 461-001-0015) who participates in the SNAP program while residing in a
group living facility (see OAR 461-001-0015) may participate through an authorized
representative or on his or her own behalf, at the option of the group living facility
(see OAR 461-135-0510(2)(e)).
(7) In the TANF program, a person
not related to the dependent child may serve as authorized representative or alternate
payee for not more than 60 days.
Stat. Auth.: ORS 411.060, 411.404,
411.816, 412.014, 412.049

Stats. Implemented: ORS 411.060,
411.404, 411.816, 412.014, 412.049

Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90; AFS 23-1995, f. 9-20-95,
cert. ef. 10-1-95; AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97; AFS 1-2000, f. 1-13-00,
cert. ef. 2-1-00; AFS 9-2001, f. & cert. ef. 6-1-01; SSP 7-2007, f. 6-29-07,
cert. ef. 7-1-07; SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10; SSP 25-2012, f. 6-29-12,
cert. ef. 7-1-12
461-115-0140
Authorized Representative or Alternate Payee; SNAP
In the SNAP program:
(1) None of the following may
serve as authorized representative (see OAR 461-115-0090) or alternate payee:
(a) An individual serving an
Intentional Program Violation, unless the Department determines no one else is available
to serve as the authorized representative.
(b) A landlord or a vendor of
goods or items who deals directly with the client, including a retailer authorized
to accept SNAP benefits.
(c) Employees of the Department
or an employee of a contractor involved in the certification and issuance processes
for SNAP benefits, unless authorized in writing by the designee of the Department's
SNAP Program Manager. The designee must determine no one else is available to serve
as the authorized representative.
(d) A provider of meals for
the homeless.
(2) An authorized representative
or alternate payee who knowingly misrepresents the circumstances of the filing group
(see OAR 461-110-0370) or misuses SNAP benefits is subject to penalty as follows:
(a) In group living (see OAR
461-001-0015) situations or treatment programs for drug addiction or alcohol abuse,
the facility may be prosecuted under applicable federal or state law.
(b) For other authorized representatives
and alternate payees not covered by subsection (a) of this section, the Department
may prohibit the person from serving as a representative or payee for one year.
(3) Except as provided by this
rule or by OAR 461-115-0090, a client may select his or her authorized representative
or alternate payee.
Stat. Auth.: ORS 411.816

Stats. Implemented: ORS 411.816

Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92; AFS 13-1995, f. 6-29-95,
cert. ef. 7-1-95; AFS 23-1995, f. 9-20-95, cert. ef. 10-1-952-1-90; AFS 13-1997,
f. 8-28-97, cert. ef. 9-1-97; AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00; AFS 9-2001,
f. & cert. ef. 6-1-01; SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05; SSP 7-2007,
f. 6-29-07, cert. ef. 7-1-07; SSP 25-2011, f. 9-30-11, cert. ef. 10-1-11; SSP 25-2012,
f. 6-29-12, cert. ef. 7-1-12
461-115-0145
Responsibilities of a Center or Facility Acting as Authorized Representative; SNAP
In the SNAP program:
(1) Each state-certified drug or alcohol treatment center acting as an authorized representative (see OAR 461-115-0090 and 461-135-0550) and each group living (see OAR 461-001-0015) facility must provide the branch office monthly with a list of residents receiving SNAP benefits. The list must include a statement of validity signed by an official of the facility.
(2) Each center and facility covered by section (1) of this rule is responsible for notifying the branch office of changes in the resident's assets or other circumstances in accordance with the reporting system assigned to the case (see OAR 461-170-0011).
(3) When a resident moves out of a center or facility covered by section (1) of this rule, the center or facility must immediately comply with all of the following requirements:
(a) Inform the branch office that the individual has moved out.
(b) Stop acting as the individual's authorized representative.
(c) Inform the individual of the individual's receipt of SNAP benefits and the individual's need to report the new situation within 10 days to the local Department office.
(d) Stop using any benefits in the EBT account and refer the client to the local office for a new EBT card.
(e) If the resident moves prior to the 16th day of the month, ensure that the correct amount, not less than one-half of that month's allotment, is in the resident's EBT account.
(f) If the resident leaves on or after the 16th day of the month, the individual is entitled to any benefits posted to the EBT account at the time the individual leaves the center or facility.
(4) The center or facility is liable for all overpayments that occurred while the individual was a resident and the center or facility was acting as authorized representative (see OAR 461-195-0541).
(5) 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).
Stat. Auth.: ORS 411.816

Stats. Implemented: ORS 411.816

Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 23-1995, f. 9-20-95, cert. ef. 10-1-95; AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97; AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00; AFS 9-2001, f. & cert. ef. 6-1-01; SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07
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 Cover Oregon
toll-free number;
(B) Applying through the
Cover Oregon online portal; or
(C) 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 and refugees). Those applicants must apply at the designated
liaison branch office.
(3) REF and TANF applicants
who meet the following requirements must apply through one of the local contracted
refugee resettlement agencies:
(a) Have been in the US for
eight months or less according to OAR 461-135-0900(4);
(b) Reside in Multnomah,
Washington, or Clackamas County; and
(c) Meet the alien status
requirements of OAR 461-120-0125(8)(a)–(h).
(4) 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
group has not applied for or received SNAP benefits during the previous 30 days.
Stat. Auth.: ORS 409.050, 411.060, 411.070,
411.404, 411.816
Stats. Implemented: ORS 409.050,
411.060, 411.070, 411.404, 411.816
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92; AFS 8-1992, f. &
cert. ef. 4-1-92; AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92; AFS 12-1993, f. &
cert. ef. 7-1-93; AFS 2-1994, f. & cert. ef. 2-1-94; AFS 22-1995, f. 9-20-95,
cert. ef. 10-1-95; AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00; SSP 30-2013(Temp),
f. & cert. ef. 10-1-13 thru 3-30-14; SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14;
SSP 24-2015, f. 9-29-15, cert. ef. 10-1-15
461-115-0190
Application Processing Time Frames; Not Pre-TANF or SNAP
(1) In all programs except the EA, Pre-TANF, SNAP and TA-DVS 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 client is receiving an SFPSS or TANF grant in time to meet the need for which the request is made and not later than the 30th day after the date of request.
(b) If the client is not covered by subsection (a) of this section--in time to meet the need for which the request is made.
(4) In the TA-DVS program, OAR 461-135-1220 covers the following time requirements:
(a) Assessing the client's safety concerns and offering options to the client for addressing immediate safety needs.
(b) Determining eligibility after the application is complete, whether or not the client has signed the application.
Stat. Auth.: ORS 409.050, 411.060, 411.070, 411.816, 412.049, 414.042

Stats. Implemented: ORS 411.060, 411.070, 411.816, 412.049, 414.042

Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90; AFS 3-1991(Temp), f. & cert. ef. 1-17-91; AFS 13-1991, f. & cert. ef. 7-1-91; AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92; AFS 8-1992, f. & cert. ef. 4-1-92; AFS 2-1994, f. & cert. ef. 2-1-94; AFS 9-1997, f. & cert. ef. 7-1-97; AFS 8-1998, f. 4-28-98, cert. ef. 5-1-98; AFS 9-1999, f. & cert. ef. 7-1-99; AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00; AFS 34-2000, f. 12-22-00, cert. ef. 1-1-01; AFS 22-2001, f. & cert. ef. 10-1-01; SSP 22-2004, f. & cert. ef. 10-1-04; SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05; SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07; SSP 10-2007, f. & cert. ef. 10-1-07; SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08; SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
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
(c) The eligibility determination.
(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) If a client scheduled for an interview for expedited service fails to attend the interview without good cause, the client's application is processed for regular service.
Stat. Auth.: ORS 411.816

Stats. Implemented: ORS 411.816

Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90; AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92; AFS 13-1994, f. & cert. ef. 7-1-94; AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95; AFS 32-1996(Temp), f. & cert. ef. 9-23-96; AFS 36-1996, f. 10-31-96, cert. ef. 11-1-96; AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97; AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00; AFS 12-2001, f. 6-29-01, cert. ef. 7-1-01; SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06
461-115-0230
Interviews
(1) In the REF, REFM, and TANF programs,
the Department may conduct a required face-to-face interview by telephone or home
visit if an authorized representative (see OAR 461-001-0000 and 461-115-0090) has
not been appointed, and participating in a face-to-face interview is a hardship
(see section (2) of this rule) for the household.
(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 SNAP program:
(a) An interview must be
scheduled so that the filing group (see OAR 461-110-0370) has at least ten 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 regular mail 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)
in the filing group or the authorized representative of the filing group is interviewed
once every 12 months.
(4) In the ERDC program:
(a) Except as provided otherwise
in subsection (c) of this section, an interview with an adult in the filing group
(see OAR 461-110-0350) or the authorized representative of the filing group is required
to process an initial application and a renewal of benefits.
(b) A phone interview is
preferred; however, a face-to-face interview must be granted at the applicant's
request.
(c) An interview is not required
when the Department has implemented the Child Care Reservation List and it is determined
that a decision notice of ineligibility will be sent under OAR 461-115-0016.
(5) In the OSIPM and QMB
programs, the Department must complete an interview face-to-face in the branch office,
by telephone, or during a home visit with at least one applicant who is 18 years
of age or older or an applicant's authorized representative:
(a) At initial application. (b) At redetermination except
individuals who are assumed eligible (see OAR 461-135-0010).
Stat. Auth.: ORS 409.050, 411.060, 411.404,
411.706, 411.816, 412.049, 414.826, 414.839
Stats. Implemented: ORS 409.010,
409.050, 411.060, 411.070, 411.404, 411.706, 411.816, 412.049, 414.025, 414.231,
414.826, 414.839
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90; AFS 20-1992, f. 7-31-92,
cert. ef. 8-1-92; AFS 12-1993, f. & cert. ef. 7-1-93; AFS 2-1994, f. & cert.
ef. 2-1-94; AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00; AFS 9-2001, f. & cert.
ef. 6-1-01; AFS 22-2001, f. & cert. ef. 10-1-01; AFS 5-2002, f. & cert.
ef. 4-1-02; SSP 39-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10; SSP 5-2010,
f. & cert. ef. 4-1-10; SSP 7-2010(Temp), f. & cert. ef. 4-1-10 thru 6-30-10;
SSP 18-2010, f. & cert. ef. 7-1-10; SSP 22-2011(Temp), f. & cert. ef. 7-22-11
thru 1-18-12; SSP 35-2011, f. 12-27-11, cert. ef. 1-1-12; SSP 7-2012(Temp), f. &
cert. ef. 2-29-12 thru 8-27-12; SSP 25-2012, f. 6-29-12, cert. ef. 7-1-12; SSP 15-2014,
f. & cert. ef. 7-1-14; SSP 25-2015, f. 9-29-15, cert. ef. 10-1-15
461-115-0232
SNAP Mid
Certification Period Review
In the SNAP program,
a filing group (see OAR 461-110-0370) that is certified for 24 months (see OAR 461-115-0450)
must provide the Department with updated information about their income, shelter
and utility costs, and medical deductions between the first and 15th day of month
12 of their certification period (see OAR 461-001-0000) in order to continue receiving
benefits. The Department follows the process outlined in OAR 461-180-0006 to adjust
benefits based on this information.
Stat. Auth.:
ORS 411.816

Stats.
Implemented: ORS 411.816, 411.825

Hist.:
SSP 25-2011, f. 9-30-11, cert. ef. 10-1-11
461-115-0430
Periodic Redeterminations; Not EA,
ERDC, SNAP, or TA-DVS
The Department periodically redetermines
the eligibility (see OAR 461-001-0000) of clients for benefits and assigns a redetermination
date by which the next determination is required. The Department selects the redetermination
date based on the client's circumstances and according to the following requirements:
(1) In the GA and GAM programs,
the Department determines eligibility each 12 months.
(2) In the OSIP and OSIPM
programs, the Department determines eligibility each 12 months for clients who are
not eligible for SSI. No redetermination is required for clients who are eligible
for SSI.
(3) In the QMB program, the
Department determines eligibility each 12 months for clients who are not eligible
for SSI. For QMB recipients who are also eligible for OSIPM, a redetermination for
QMB is completed with the redetermination of OSIPM.
(4) The REF and REFM programs
are time limited programs; therefore, no periodic redeterminations are made.
(5) In the SFPSS program,
the Department redetermines eligibility at least once every 12 months. The Department
redetermines program eligibility by redetermining eligibility for the TANF program.
(6) 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 for each of the following:
(A) Clients not participating
in an activity (see OAR 461-001-0025) of an open case plan (see 461-001-0025).
(B) Clients who are currently
serving a JOBS disqualification.
(b) At least once every 12
months for all other clients.
Stat. Auth.: ORS 411.060, 411.070, 411.404,
411.704, 411.706, 412.014, 412.049, 413.085, 414.685, 414.826, 414.839
Stats. Implemented: ORS 411.060,
411.070, 411.404, 411.704, 411.706, 412.014, 412.049, 413.085, 414.685, 414.826,
414.839
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90; AFS 20-1990, f. 8-17-90,
cert. ef. 9-1-90; AFS 13-1991, f. & cert. ef. 7-1-91; AFS 2-1992, f. 1-30-92,
cert. ef. 2-1-92; AFS 8-1992, f. & cert. ef. 4-1-92; AFS 20-1992, f. 7-31-92,
cert. ef. 8-1-92; AFS 12-1993, f. & cert. ef. 7-1-93; AFS 19-1993, f. &
cert. ef. 10-1-93; AFS 2-1994, f. & cert. ef. 2-1-94; AFS 23-1994, f. 9-29-94,
cert. ef. 10-1-94; AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95; AFS 23-1995, f. 9-20-95,
cert. ef. 10-1-95; AFS 26-1996, f. 6-27-96, cert. ef. 7-1-96; AFS 42-1996, f. 12-31-96,
cert. ef. 1-1-97; AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97; AFS 9-1999, f. &
cert. ef. 7-1-99; AFS 11-1999, f. & cert. ef. 10-1-99; AFS 22-2001, f. &
cert. ef. 10-1-01; AFS 5-2002, f. & cert. ef. 4-1-02; AFS 13-2002, f. &
cert. ef. 10-1-02; SSP 17-2004, f. & cert. ef. 7-1-04; SSP 11-2007(Temp), f.
& cert. ef. 10-1-07 thru 3-29-08; SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08;
SSP 39-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10; SSP 5-2010, f. &
cert. ef. 4-1-10; SSP 7-2010(Temp), f. & cert. ef. 4-1-10 thru 6-30-10; SSP
18-2010, f. & cert. ef. 7-1-10; SSP 37-2012, f. 12-28-12, cert. ef. 1-1-13;
SSP 13-2013, f. & cert. ef. 7-1-13; SSP 30-2013(Temp), f. & cert. ef. 10-1-13
thru 3-30-14; SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14; SSP 16-2014, f. &
cert. ef. 7-1-14; SSP 24-2015, f. 9-29-15, cert. ef. 10-1-15
461-115-0450
Periodic Redeterminations; SNAP
In the SNAP program,
the Department selects the certification period (see OAR 461-001-0000) and the redetermination
date based on the client'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 TBA period if the client 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 client finishes working under a TANF 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.
(c) The
report system changes to SRS.
(4) A
certification period of 24 months may be used for households in which all adult
members are elderly or have a disability (see OAR 461-001-0015). The household must
also not include any earned income to qualify under this section.
(5) 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.
(6) A
client 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.
(7) A
client 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 client 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.
(8) The
Department must deny the application for recertification in the event a client files
a timely application for recertification but either fails to appear for a scheduled
interview or fails to timely submit required verification.
(9) If
the client fails to file an application for recertification during a certification
period, SNAP benefits for the first month of the following certification period
are prorated in accordance with OAR 461-180-0080.
(10) Once
assigned, the certification period may not be shortened.
Stat. Auth.:
ORS 411.816

Stats.
Implemented: ORS 411.816, 411.825

Hist.:
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90;
AFS 13-1991, f. & cert. ef. 7-1-91; AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92;
AFS 12-1993, f. & cert. ef. 7-1-93; AFS 2-1994, f. & cert. ef. 2-1-94; AFS
19-1994, f. & cert. ef. 9-1-94; AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94;
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95; AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97;
AFS 25-1998, f. 12-28-98, cert. ef. 1-1-99; AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00;
AFS 9-2001, f. & cert. ef. 6-1-01; SSP 13-2003, f. 6-12-03, cert. ef. 6-16-03;
SSP 10-2007, f. & cert. ef. 10-1-07; SSP 25-2011, f. 9-30-11, cert. ef. 10-1-11
461-115-0540
Certification Period; OSIP-EPD and OSIPM-EPD
(1) In the OSIP-EPD and OSIPM-EPD programs, the Department determines eligibility and assigns a redetermination date by which the next determination of eligibility is required. The Department determines the length of the certification period (see OAR 461-001-0000) based on the stability of the client's circumstances, as follows:
(a) The period may extend up to 12 months if the client's circumstances are sufficiently predictable.
(b) If the client's circumstances are not stable or changes are expected in the near future, the period may be a minimum of three and a maximum of six months.
(2) To receive uninterrupted benefits for the next certification period, OSIP-EPD and OSIPM-EPD clients must submit a completed redetermination form in the last month of their current certification period.
Stat. Auth.: ORS 411.060, 411.070

Stats. Implemented: ORS 411.060, 411.070

Hist.: AFS 1-1999(Temp), f. & cert. ef. 2-1-99 thru 7-31-99; AFS 7-1999, f. 4-27-99, cert. ef. 5-1-99; AFS 17-2000, f. 6-28-00, cert. ef. 7-1-00; SSP 17-2003, f. & cert. ef. 7-1-03; SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
461-115-0610
Verification; General
(1) To be eligible for benefits, clients must provide verification when the Department requests verification. Verification provided for one program is used for all programs in which the client participates. The three categories of information used in the verification process are:
(a) Documentary evidence, which is the primary source of verification for all eligibility factors except residency and household composition.
(b) Collateral contact, which is an oral or documentary confirmation of an eligibility factor by a person outside of the filing group.
(c) Observations made during a home visit by a Department representative.
(2) The Department will notify a client when verification of any factor affecting eligibility or benefit level is required.
(3) Verification of the occurrence of an act of domestic violence (see OAR 461-001-0000) is not required for any program.
Stat. Auth: ORS 411.060, 411.816, 414.042, 418.100

Stats. Implemented: ORS 411.060, 411.117, 411.650, 411.816, 414.042, 418.100

Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 19-1993, f. & cert. ef. 10-1-93; AFS 6-1994, f. & cert. ef. 4-1-94; AFS 9-1997, f. & cert. ef. 7-1-97; AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00; SSP 8-2008, f. & cert. ef. 4-1-08
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 a client initially applies for SNAP benefits:
(a) The identity of the applicant and any authorized representative or alternate payee.
(b) Alien status.
(c) Social Security Number (SSN) or application for an SSN.
(d) Countable income.
(e) Medical expenses, if they are used as a deduction.
(f) An order to pay child support and the amount actually paid.
(g) Any information that is incomplete, inaccurate, inconsistent, or outdated, including unresolved issues that impact eligibility or the benefit amount.
(3) All of the following information must be verified when a client reapplies for SNAP benefits:
(a) Countable income.
(b) Previously unreported medical expenses, and recurring medical expenses which have changed by more than $25.
(c) Any changes in the legal obligation to pay child support, the obligated amount, and the amount the client is paying for children that live in a different household group.
(d) Any information that is incomplete, inaccurate, inconsistent, or outdated, including unresolved issues that impact eligibility or the benefit amount.
(4) For cases using the Change Reporting System (CRS), each of the following changes reported during the certification period must be verified:
(a) A change in source of income, or the amount of stable income has changed by more than $50.
(b) The amount of variable income from any source.
(c) Changes in reported medical expenses by more than $25, and previously unreported medical expenses.
(d) Any changes in the legal obligation to pay child support, the obligated amount, and the amount the client is paying for children that live in a different household group.
(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) Alien status and SSN or application for an SSN when a new member joins the benefit group.
(b) Countable income.
(c) Medical expenses, if used as a deduction.
(d) An order to pay child support and the amount actually paid, if used as a deduction.
(6) A claimed expense or cost may be used to determine the SNAP benefit only when the client provides the required or requested verification.
(7) In addition to the verification required by sections (2) to (5) of this rule, the income for a client must be verified every six months for SRS cases certified for twelve months, except those in which every adult member of the filing group is elderly or an individual with a disability (see OAR 461-001-0015) and has no earned income (NED).
Stat. Auth.: ORS 411.816

Stats. Implemented: ORS 411.816

Hist.: AFS 12-2001, f. 6-29-01, cert. ef. 7-1-01; AFS 22-2001, f. & cert. ef. 10-1-01; SSP 7-2003, f. & cert. ef. 4-1-03; SSP 17-2004, f. & cert. ef. 7-1-04; SSP 20-2004(Temp), f. & cert. ef. 9-7-04 thru 12-31-04; SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05; SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06; SSP 12-2006(Temp), f. & cert. ef. 9-1-06 thru 12-31-06; SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07; SSP 17-2008, f. & cert. ef. 7-1-08; SSP 5-2010, f. & cert. ef. 4-1-10
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.
Stat. Auth.: ORS 411.816

Stats. Implemented: ORS 411.816

Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90; AFS 30-1990, f. 12-31-90,
cert. ef. 1-1-91; AFS 13-1991, f. & cert. ef. 7-1-91; AFS 19-1993, f. &
cert. ef. 10-1-93; AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00; AFS 25-2000, f. 9-29-00,
cert. ef. 10-1-00; SSP 5-2010, f. & cert. ef. 4-1-10; SSP 22-2011(Temp), f.
& cert. ef. 7-22-11 thru 1-18-12; SSP 35-2011, f. 12-27-11, cert. ef. 1-1-12
461-115-0700
Required Verification; GA, GAM,
OSIP, OSIPM, QMB
In the GA, GAM, OSIP, OSIPM, and QMB
programs:
(1) Except as provided in
section (2) of this rule, all eligibility (see OAR 461-001-0000) factors must be
verified at initial application, when there is a change to any factor, and whenever
eligibility for benefits becomes questionable.
(2) If the total reported
value of gross "liquid resources" of the financial group (see OAR 461-110-0530)
is less than $400, 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.
Stat. Auth.: ORS 409.050, 411.060, 411.070,
411.404, 411.706, 413.085, 414.685
Stats. Implemented: ORS 409.010,
409.050, 411.060, 411.070, 411.404, 411.706, 413.085, 414.685, 414.839
Hist.: AFS 19-1993, f. &
cert. ef. 10-1-93; AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00; SSP 14-2007, f. 12-31-07,
cert. ef. 1-1-08; SSP 25-2015, f. 9-29-15, cert. ef. 10-1-15
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.
Stat. Auth.: ORS 411.060, 418.100, 2007 OL 861

Stats. Implemented: ORS 411.060, 418.100, 2007 OL 861

Hist.: SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08; SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08


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