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DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS









 

DIVISION 120
GENERAL NONFINANCIAL ELIGIBILITY REQUIREMENTS

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) EA may be issued to help
an individual return to a former state of residence.
(b) In the OSIPM, QMB, and
REFM programs, when an individual is presumed incapable of forming an intent to
reside under OAR 461-120-0050.
(c) In the REF and TANF programs,
an individual is considered a resident if the individual entered Oregon with a job
commitment or looking for work, and is not receiving benefits from another state.
(d) The SNAP program does
not require intent to remain to establish residency.
(e) In the TA-DVS program,
to the extent permitted under OAR 461-135-1200.
(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.
Stat. Auth.: ORS 409.050, 411.060, 411.070,
411.404, 411.706, 411.816, 412.006, 412.014, 412.049, 413.085, 414.685
Stats. Implemented: ORS 409.010,
409.050, 411.060, 411.070, 411.117, 411.404, 411.706, 411.816, 412.006, 412.014,
412.049, 413.085, 414.025, 414.033, 414.685, 414.826, 414.839
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 13-1991, f. & cert. ef. 7-1-91; AFS 2-1994, f. & cert.
ef. 2-1-94; AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00; 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 9-2012,
f. 3-29-12, cert. ef. 4-1-12; SSP 15-2014, f. & cert. ef. 7-1-14; SSP 17-2015,
f. & cert. ef. 6-30-15; SSP 24-2015, f. 9-29-15, cert. ef. 10-1-15
461-120-0030
State of Residence for an Individual in a Medical Facility
In the GAM, OSIPM, QMB, and REFM programs,
the residency of an individual living in a state or private medical facility such
as a hospital, mental hospital, nursing home, or convalescent center is determined
as follows:
(1) An individual 21 years
of age or older who is capable of indicating intent to reside is considered to be
--
(a) A resident of the state
where the individual is living with the intention to remain permanently or for an
indefinite period, except when subsection (b) of this section indicates otherwise.
(b) When a state agency of
another state places the individual (other than a child funded under Title IV-E),
the individual is considered to be a resident of the state that makes the placement.
(2) An individual 21 years
of age or older who became incapable of indicating intent to reside 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 less
than 21 years of age who is incapable of forming an intent to reside, or an individual
of any age who became incapable of forming that intent before attaining 21 years
of age (see OAR 461-120-0050), 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 application.
(b) The state of residence
of the party who applies for benefits on the individual's behalf if there is no
living parent or the location of the parent is unknown, and there is no legal guardian.
(c) 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.
(d) When a state agency of
another state places the individual, the individual is considered to be a resident
of the state that makes the placement.
Stat. Auth.: ORS 411.060, 411.070, 411.404,
411.706, 411.816, 412.006, 412.014, 412.049, 412.124, 414.231
Stats. Implemented: ORS 411.060,
411.070, 411.404, 411.706, 411.816, 412.006, 412.014, 412.049, 412.124, 414.231
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00; SSP 7-2007, f. 6-29-07,
cert. ef. 7-1-07; SSP 9-2012, f. 3-29-12, cert. ef. 4-1-12; 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
461-120-0050
Incapable of Stating Intent to Reside;
OSIPM, QMB, REFM, and SAC
In the OSIPM, QMB, and REFM programs,
an individual is presumed to be incapable of forming an intent to reside if the
individual meets the requirements of one or more of the following sections:
(1) The individual is assessed
with an IQ of 49 or less, based on a test acceptable to the Department.
(2) The individual has a
mental age of seven years or less, based on tests acceptable to the Department.
(3) The individual is judged
legally incompetent by a court of competent jurisdiction.
(4) The individual is found
incapable of indicating intent to reside based on documentation provided by a physician,
psychologist or other professional licensed by the state of Oregon in the field
of intellectual disabilities.
Stat. Auth.: ORS 411.060, 411.070, 411.404,
411.706, 414.231
Stats. Implemented: ORS 411.060,
411.070, 411.404, 411.706, 414.231
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00; SSP 9-2012, f. 3-29-12,
cert. ef. 4-1-12; 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
461-120-0110
Citizenship and Alien Status Requirements
(1) Except as provided in section
(5) of this rule, in all programs except the CAWEM, ERDC, 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;
(b) Meet the alien 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; or
(d) Be a national from American
Samoa or Swains Islands.
(2) In the CAWEM program, to
be a member of the benefit group an individual must meet the eligibility requirements
of OAR 461-135-1070.
(3) In the ERDC program, the
need group (see OAR 461-110-0630) and benefit group must include a child who meets
the requirements of section (1) of this rule.
(4) In the REF and REFM programs,
to be a member of the need group and the benefit group an individual must meet the
alien status requirements of OAR 461-120-0125.
(5) In the TA-DVS and TANF programs,
a victim of domestic violence (see OAR 461-001-0000) is not subject to section (1)
of this rule when OAR 461-135-1200 applies.
Stat. Auth.: ORS 411.060, 411.070,
411.404, 411.706, 411.816, 412.006, 412.014, 412.049, 412.124, 414.231

Stats. Implemented: ORS 411.060,
411.070, 411.117, 411.404, 411.706, 411.816, 412.006, 412.014, 412.049, 412.124,
414.231

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 2-1992, f. 1-30-92, cert. ef. 2-1-92; AFS 17-1992, f. &
cert. ef. 7-1-92; 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 9-1997, f. & cert.
ef. 7-1-97; AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00; SSP 6-2006, f. 3-31-06, cert.
ef. 4-1-06; SSP 4-2009(Temp), f. 3-11-09, cert. ef. 4-1-09 thru 9-28-09; SSP 6-2009(Temp),
f. & cert. ef. 4-1-09 thru 9-28-09; Administrative correction 10-22-09; SSP
9-2012, f. 3-29-12, cert. ef. 4-1-12
461-120-0125
Alien Status
(1) For purposes of this chapter of
rules, an individual is a "qualified non-citizen" if the individual is any of the
following:
(a) A non-citizen who is
lawfully admitted for permanent residence under the Immigration and Nationality
Act (INA) (8 U.S.C. 1101 et seq).
(b) A refugee who is admitted
to the United States as a refugee under section 207 of the INA (8 U.S.C. 1157).
(c) A non-citizen who is
granted asylum under section 208 of the INA (8 U.S.C. 1158).
(d) A non-citizen 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)).
(e) A non-citizen 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.
(f) A non-citizen 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.
(g) A non-citizen who is
a "Cuban and Haitian entrant" (as defined in section 501(3) of the Refugee Education
Assistance Act of 1980).
(h) An Afghan or Iraqi alien
granted Special Immigration Status (SIV) under section 101(a)(27) of the INA.
(i) In all programs except
the SNAP program--a battered spouse or dependent child who meets the requirements
of 8 U.S.C. 1641(c) and is in the United States on a conditional resident status,
as determined by the U.S. Citizenship and Immigration Services.
(j) In the SNAP program--a
non-citizen who has been battered or subjected to extreme cruelty in the United
States by a spouse or parent or by a member of the spouse or parent's family residing
in the same household as the non-citizen at the time of the abuse; a non-citizen
whose child has been battered or subjected to battery or cruelty; or a non-citizen
child whose parent has been battered.
(2) In all programs except
the REF and REFM programs, an individual meets the alien status requirements if
the individual is one of the following:
(a) An American Indian born
in Canada to whom the provisions of section 289 of the 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
Act (25 U.S.C. 450b(e)).
(3) In the ERDC, TA-DVS,
and TANF programs, an individual meets the alien status requirements if the individual
is one of the following:
(a) An individual who is
a qualified non-citizen.
(b) A non-citizen who is
currently a victim of domestic violence or who is at risk of becoming a victim of
domestic violence.
(c) 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).
(d) 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).
(4) In the OSIPM and QMB
programs:
(a) A qualified non-citizen
meets the alien status requirements if the individual satisfies one of the following
situations:
(A) Effective October 1,
2009, is an individual under 19 years of age.
(B) Was a qualified non-citizen
before August 22, 1996.
(C) Physically entered the
United States before August 22, 1996, and was continuously present in the United
States between August 22, 1996, and the date qualified non-citizen status was obtained.
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 qualified non-citizen status
was obtained.
(D) Is an individual granted
any of the following alien statuses:
(i) Refugee — under
section 207 of the INA.
(ii) Asylum — under
section 208 of the INA.
(iii) Deportation being withheld
under section 243(h) of the INA.
(iv) Cubans and Haitians
who are either public interest or humanitarian parolees.
(v) An individual granted
immigration status under section 584(a) of the Foreign Operations, Export Financing
and Related Program Appropriations Act of 1988.
(vi) 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).
(vii) 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).
(viii) An Iraqi or Afghan
alien granted special immigrant status (SIV) under section 101(a)(27) of the INA.
(E) Meets the alien status
requirements in section (2), (6), or (7) of this rule.
(F) In the OSIPM program,
is receiving SSI benefits.
(G) In the QMB program, is
receiving SSI and Medicare Part A benefits.
(b) A non-citizen meets the
alien status requirements if the individual is under the age of 19 and is one of
the following:
(A) A citizen of a Compact
of Free Association State (i.e., Federated States of Micronesia, Republic of the
Marshall Islands, and the Republic of Palau) who has been admitted to the U.S. as
a non-immigrant and is permitted by the Department of Homeland Security to reside
permanently or indefinitely in the U.S.
(B) An individual described
in 8 CFR section 103.12(a)(4) who belongs to one of the following classes of aliens
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 alien currently in
temporary resident status pursuant to section 210 or 245A of the INA (8 USC 1160
and 1255a);
(ii) An alien currently under
Temporary Protected Status (TPS) pursuant to section 244 of the INA (8 USC 1229b);
(iii) Cuban-Haitian entrants,
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 alien currently under
Deferred Enforced Departure (DED) pursuant to a decision made by the President;
(vi) An alien currently in
deferred action status pursuant to Department of Homeland Security Operating Instruction
OI 242.1(a)(22); or
(vii) An alien 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.
(C) 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).
(5) In the GA and GAM programs,
an individual meets the alien status requirement if the individual is one of the
following:
(a) An individual who is
blind or has a disability was lawfully residing in the United States on August 22,
1996, and is now a qualified non-citizen.
(b) An individual granted
one of the following statuses, but only for seven years following the date the status
is granted:
(A) Refugee — under
section 207 of the INA.
(B) Asylum — under
section 208 of the INA.
(C) Deportation being withheld
under section 243(h) of the INA.
(D) An individual granted
immigration status under section 584(a) of the Foreign Operations, Export Financing
and Related Program Appropriations Act of 1988.
(E) Cubans and Haitians who
are either public interest or humanitarian parolees.
(F) 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).
(G) 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).
(c) An individual who meets
one of the alien status requirements in section (2) or (6) of this rule.
(d) An Iraqi or Afghan alien
granted special immigrant status (SIV) under section 101(a)(27) of the INA.
(6) In all programs except
the ERDC, REF, REFM, and TANF programs, a qualified non-citizen meets the alien
status requirement if the individual is:
(a) A veteran of the United
States Armed Forces who was honorably discharged for reasons other than alien 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 or a dependent
child of an individual described in subsection (a) or (b) of this section.
(d) In the SNAP program,
a qualified non-citizen who meets the requirement in section (10) of this rule.
(7) Except as provided in
section (2), subsection (4)(a), and sections (5) and (6) of this rule, a non-citizen
who entered the United States or was given qualified non-citizen status on or after
August 22, 1996:
(a) Is ineligible for the
OSIPM and QMB programs for five years beginning on the date the non-citizen received
his or her qualified non-citizen status.
(b) Meets the alien status
requirement following the five-year period.
(8) In the REF and REFM programs,
an individual meets the alien status requirements if the individual is admitted
lawfully under any of the following provisions of law:
(a) An individual admitted
as a refugee under section 207 of the INA (8 USC 1157).
(b) An individual granted
asylum under section 208 of the INA (8 USC 1158).
(c) Cuban and Haitian entrants,
in accordance with requirements in 45 CFR part 401.
(d) An individual paroled
as a refugee or asylee under section 212(d)(5) of the Immigration and Nationality
Act (INA) (8 USC 1182(d)(5)). For purposes of this section, "Lautenberg" parolees,
humanitarian interest parolees, and other public interest parolees do not qualify.
(e) An Amerasian from Vietnam
who is admitted to the U.S. as an immigrant pursuant to section 584 of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act, 1988 (as
contained in section 101(e) of Pub. L. No. 100-202 and amended by the 9th proviso
under Migration and Refugee Assistance in title II of the Foreign Operations, Export
Financing, and Related Programs Appropriations Acts, 1989 (Pub. L. No. 100-461 as
amended)).
(f) A "victim of a severe
form of trafficking in persons" certified under the Victims of Trafficking and Violence
Protection Act of 2000, Pub. L. No. 106-386, 114 Stat. 1464 (2000), as amended.
(g) 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, Pub.
L. 108-193, 117 Stat. 2875 (2003).
(h) Iraqi and Afghan aliens
granted special immigrant status under section 101(a)(27) of the Immigration and
Nationality Act.
(9) In the SNAP program,
an individual meets the alien status requirement if the individual meets the requirements
of one or more of the following subsections:
(a) An individual granted
any of the following alien statuses--
(A) Refugee — under
section 207 of the INA.
(B) Asylum — under
section 208 of the INA.
(C) Deportation being withheld
under section 243(h) of the INA.
(D) Cubans and Haitians who
are either public interest or humanitarian parolees.
(E) An individual granted
immigration status under section 584(a) of the Foreign Operations, Export Financing
and Related Program Appropriations Act of 1988.
(F) 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).
(G) 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).
(H) An Iraqi or Afghan alien
granted special immigrant status (SIV) under section 101(a)(27) of the INA.
(b) A qualified non-citizen
under 18 years of age.
(c) A non-citizen who has
been residing in the United States for at least five years while a qualified non-citizen.
(d) A non-citizen who is
lawfully residing in the United States and who was 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).
(e) The spouse, the un-remarried
surviving spouse, or an unmarried dependent child, of an individual described in
subsection (d) of this section.
(f) A qualified non-citizen
who has a disability, as defined in OAR 461-001-0015.
(10) A client who is lawfully
admitted to the United States for permanent residence under the INA and has worked
40 qualifying quarters of coverage as defined under title II of the Social Security
Act, or can be credited with such qualifying quarters as provided under 8 U.S.C.
1645, meets the alien status requirements for the SNAP program, subject to the following
provisions:
(a) No quarter beginning
after December 31, 1996, is a qualifying quarter if the client received any federal,
means-tested benefit during the quarter. Federal means tested benefits include SNAP,
TANF, and Medicaid (except emergency medical).
(b) For the purpose of determining
the number of qualifying quarters of coverage, a client is credited with all of
the quarters of coverage worked by a parent of the client while the client was under
the age of 18 and all of the qualifying quarters worked by a spouse of the client
during their marriage, during the time the client remains married to such spouse
or such spouse is deceased.
(c) A lawful permanent resident
who would meet the alien status requirement, 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 client. A client provisionally certified
under this section 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 client does not have sufficient quarters.
Stat. Auth.: ORS 411.060, 411.404, 411.704,
411.706, 411.816, 412.014, 412.049, 414.231

Stats. Implemented: ORS 411.060,
411.070, 411.404, 411.704, 411.706, 411.816, 412.014, 412.049, 414.025, 414.231,
414.826, 414.831

Hist.: AFS 17-1992, f. &
cert. ef. 7-1-92; AFS 28-1992, f. & cert. ef. 10-1-92; 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 42-1996, f. 12-31-96, cert. ef. 1-1-97; AFS 9-1997,
f. & cert. ef. 7-1-97; AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97; AFS 24-1997,
f. 12-31-97, cert. ef. 1-1-98; AFS 22-1998, f. 10-30-98, cert. ef. 11-1-98; AFS
9-1999, f. & cert. ef. 7-1-99; AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99;
AFS 34-2000, f. 12-22-00, cert. ef. 1-1-01; AFS 17-2001(Temp), f. 8-31-01, cert.
ef. 9-1-01 thru 9-30-01; AFS 22-2001, f. & cert. ef. 10-1-01; AFS 5-2002, f.
& cert. ef. 4-1-02; AFS 10-2002, f. & cert. ef. 7-1-02; AFS 13-2002, f.
& cert. ef. 10-1-02; SSP 7-2003, f. & cert. ef. 4-1-03; SSP 16-2003, f.
& cert. ef. 7-1-03; SSP 23-2003, f. & cert. ef. 10-1-03; SSP 29-2003(Temp),
f. 10-31-03, cert. ef. 11-1-03 thru 3-31-04; SSP 36-2003(Temp), f. 12-31-03 cert.
ef. 1-1-04 thru 3-31-04; SSP 6-2004, f. & cert. ef. 4-1-04; SSP 10-2004(Temp),
f. & cert. ef. 4-9-04 thru 6-30-04; SSP 14-2004(Temp), f. & cert. ef. 5-11-04
thru 6-30-04; SSP 17-2004, f. & cert. ef. 7-1-04; SSP 4-2005, f. & cert.
ef. 4-1-05; SSP 7-2005, f. & cert. ef. 7-1-05; 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 11-2006(Temp), f. 6-30-06,
cert. ef. 7-1-06 thru 9-30-06; SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06; SSP 15-2006,
f. 12-29-06, cert. ef. 1-1-07; SSP 3-2008(Temp), f. & cert. ef. 1-30-08 thru
7-28-08; SSP 4-2008(Temp), f. & cert. ef. 2-22-08 thru 7-28-08; SSP 17-2008,
f. & cert. ef. 7-1-08; SSP 25-2008(Temp), f. 12-31-08, cert. ef. 1-1-09 thru
6-30-09; SSP 5-2009, f. & cert. ef. 4-1-09; SSP 9-2009(Temp), f. & cert.
ef. 5-1-09 thru 10-28-09; SSP 29-2009(Temp), f. & cert. ef. 10-1-09 thru 3-30-10;
SSP 28-2009, f. & cert. ef. 10-1-09; 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 9-2012, f. 3-29-12, cert. ef. 4-1-12; 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
461-120-0130
Declaration of Citizenship
or Alien Status
An individual required to meet
the citizenship and alien status requirements of OAR 461-120-0110 must report the
individual's citizenship and alien 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.
Stat. Auth.: ORS 411.060, 411.070,
411.404, 411.706, 411.816, 412.014, 412.049, 412.124, 414.231

Stats. Implemented: ORS 411.060,
411.070, 411.404, 411.706, 411.816, 412.014, 412.049, 412.124, 414.231

Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 22-1990(Temp), f. 9-28-90, cert. ef. 10-1-90; AFS 30-1991,
f. 12-31-90, cert. ef. 1-1-91; AFS 13-1991, f. & cert. ef. 7-1-91; AFS 17-1992,
f. & cert. ef. 7-1-92; AFS 6-1994, f. & cert. ef. 4-1-94; AFS 1-2000, f.
1-13-00, cert. ef. 2-1-00; SSP 23-2008, f. & cert. ef. 10-1-08; SSP 9-2012,
f. 3-29-12, cert. ef. 4-1-12
461-120-0210
Requirement to Provide
Social Security Number (SSN)
(1) In the CAWEM, ERDC, REF, and REFM
programs, a member of a need group (see OAR 461-110-0630) or a benefit group (see
OAR 461-110-0750) is not required to provide or apply for a social security number
(SSN). In these programs, the Department may request that a member of the filing
group or need group provide an SSN on a voluntary basis.
(2) In the EA and TA-DVS
programs, an individual must provide his or her SSN if the individual can.
(3) Except as provided in
section (5) of this rule, in the OSIPM and QMB programs:
(a) An individual is not
required to apply for or provide an SSN.
(A) If the individual does
not have an SSN; and
(B) May only be issued an
SSN for a valid non-work reason in accordance with 20 CFR 422.104.
(b) When subsection (a) does
not apply, to be included in the benefit group, an individual must:
(A) Provide a valid SSN for
the individual; or
(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 (5) to (7) of this rule, in the SNAP and TANF programs, to be included
in the need 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 GA, GAM, OSIPM,
QMB, and SNAP programs, 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.
(6) The requirement to apply
for or provide the SSN is delayed as follows:
(a) In the SNAP program:
(A) An applicant eligible
for expedited services may receive his or her 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 (see OAR 461-110-0750)
for six months following the date the child is born or until the group's next recertification,
whichever is later.
(b) In the TANF program,
without meeting the SSN requirements of section (4) of this rule, a newborn child
born in Oregon may be added to the benefit group for six months following the child's
date of birth or until the next redetermination of eligibility of the filing group
(see OAR 461-110-0330), whichever is sooner.
(7) In the SNAP program:
(a) An individual who refuses
or fails without good cause 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 Social Security Administration.
(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 Social Security Administration 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.
(8) 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.
(c) The operation of the
program applied for or 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.
Stat. Auth.: ORS 411.060, 411.070, 411.404,
411.706, 411.816, 412.014, 412.049
Stats. Implemented: ORS 411.060,
411.070, 411.404, 411.704, 411.706, 411.816, 412.014, 412.049, 414.025, 414.826,
414.831, 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 20-1992, 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 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; SSP 1-2003, f. 1-31-03,
cert. ef. 2-1-03; SSP 17-2004, f. & cert. ef. 7-1-04; SSP 4-2007, f. 3-30-07,
cert. ef. 4-1-07; SSP 10-2007, f. & cert. ef. 10-1-07; SSP 29-2009(Temp), f.
& cert. ef. 10-1-09 thru 3-30-10; 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 41-2010, f. 12-30-10, cert. ef. 1-1-11; SSP 10-2011, f. 3-31-11,
cert. ef. 4-1-11; SSP 9-2012, f. 3-29-12, cert. ef. 4-1-12; SSP 25-2012, f. 6-29-12,
cert. ef. 7-1-12; SSP 12-2013(Temp), f. & cert. ef. 5-29-13 thru 11-25-13; SSP
24-2013, f. & cert. ef. 10-1-13; 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
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, a filing group (see OAR 461-110-0410) must assign to the state the
right of any Medicaid-eligible child (see OAR 461-001-0000) in the filing group
to receive any cash medical support that accrues while the group receives assistance,
not to exceed the total amount of assistance paid.
(4) Cash medical support
received by the Department is retained by the Department as is necessary to reimburse
the Department for OSIPM program medical assistance payments made on behalf of an
individual with respect to whom such assignment was executed. To allow adequate
time for reporting and payment of incurred medical services, the Department initiates
reconciliation 12 months after termination of OSIPM benefits and subsequently issues
any resulting refund to the individual or the individual’s legal guardian.
(5) When the Department provides
benefits or services for the support of a child who is in a filing group in any
program funded in whole or in part with a federal grant under Title IV-A (TANF)
or IV-E of the Social Security Act, the right to child support for that child that
any individual may have is deemed to be assigned to the state by operation of law.
Stat. Auth.: ORS 409.050, 411.060, 411.070,
411.404, 411.706, 412.024, 412.049, 413.085, 414.685
Stats. Implemented: ORS 409.010,
409.050, 411.060, 411.070, 411.404, 412.001, 412.024, 412.049, 413.085, 414.025,
414.685
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 8-1992, f. & cert. ef. 4-1-92; AFS 28-1992, f. & cert.
ef. 10-1-92; AFS 24-1997, f. 12-31-97, cert. ef. 1-1-98; AFS 1-2000, f. 1-13-00,
cert. ef. 2-1-00; SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08; SSP
12-2007(Temp), f. 11-30-07, cert. ef. 12-1-07 thru 3-29-07; SSP 5-2008, f. 2-29-08,
cert. ef. 3-1-08; SSP 12-2009(Temp), f. 6-23-09, cert. ef. 7-1-09 thru 12-28-09;
SSP 29-2009(Temp), f. & cert. ef. 10-1-09 thru 3-30-10; SSP 28-2009, f. &
cert. ef. 10-1-09; SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10; SSP 24-2013, f. &
cert. ef. 10-1-13; 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 38-2013, f. 12-31-13, cert. ef. 1-1-14;
SSP 25-2015, f. 9-29-15, cert. ef. 10-1-15
461-120-0315
Medical Assignment
In the GAM, OSIPM, QMB, and REFM programs:
(1) By signing the application
for assistance, a client agrees to turn over the rights of each member of the benefit
group (see OAR 461-110-0750) to reimbursement for medical care costs to the Department.
(a) If a client or the client's
authorized representative (see OAR 461-115-0090) refuses to assign the rights to
reimbursement for medical care costs to the Department, the filing group is ineligible
until the client complies with this requirement. This includes a client eligible
for long term care (see OAR 461-001-0000) insurance payments who fails to comply
as described in subsection (b) of this section.
(b) When a client has long
term care insurance, the client complies with the requirements of this rule by reducing
the Department's share of the long term care service costs by taking the following
actions for the entire period of time that the client is eligible for Department-covered
long term care services:
(A) For a client in a nursing
facility:
(i) 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
(ii) 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 a client in community
based care (see OAR 461-001-0000):
(i) 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
(ii) 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.
(2) The Department may refuse
to pay medical expenses for anyone in the benefit group when another party or resource
should pay first.
(3) The amount the Department
may collect in reimbursement is limited to the amount of medical services paid by
the Department on the client's behalf.
(4) The Department establishes
an overpayment if it is discovered after-the-fact that during any period of time
a client or another individual submitting a long term care insurance claim on the
client's behalf received a long term care insurance payment that was not turned
over to the long term care facility or Department as required by subsection (1)(b)
of this rule.
Stat. Auth.: ORS 411.060, 411.404, 411.706,
414.231
Stats. Implemented: ORS 411.060,
411.404, 411.706, 414.231
Hist.: AFS 28-1992, f. &
cert. ef. 10-1-92; AFS 19-1993, f. & cert. ef. 10-1-93; AFS 2-1994, f. &
cert. ef. 2-1-94; AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00; SSP 29-2009(Temp), f.
& cert. ef. 10-1-09 thru 3-30-10; SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10;
SSP 17-2011, f. & cert. ef. 7-1-11; SSP 9-2012, f. 3-29-12, cert. ef. 4-1-12;
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
461-120-0330
Requirement to Pursue Assets
(1) In all programs, except the ERDC
and SNAP programs, an individual must make a good faith effort to obtain any asset
(other than support and medical coverage, which are covered in OAR 461-120-0340
and 461-120-0345, respectively) to which the individual has a legal right or claim,
except as follows:
(a) A parent (see OAR 461-001-0000)
or caretaker relative (see OAR 461-001-0000) who is exempt from participation in
the JOBS program is not required to apply for unemployment insurance benefits.
(b) Except as specified by
law, an individual applying for or receiving any program benefits from the Department
is not required to apply for other programs it administers or for supplemental security
income (SSI).
(c) An individual applying
for the EA program is required to pursue, obtain, and use an asset only if the asset
can be made available in time to meet the emergent need.
(d) An individual is not
required to borrow money.
(e) An individual is not
required to make a good faith effort to obtain any asset if the individual can show
good cause for not doing so. Good cause means a circumstance beyond the ability
of the individual to control.
(2) In all programs except
the ERDC, SNAP, and medical assistance programs:
(a) The effect of failing
to comply with this rule is that everyone in the filing group is ineligible. In
addition, when a REF, SFPSS, or 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) In the medical assistance
programs:
(a) An individual is ineligible
for benefits if he or she fails to comply with the requirements of this rule.
(b) The penalty provided
by section (3)(a) of this rule is effective until the individual complies with the
requirements of section (1) of this rule.
Stat. Auth.: ORS 411.060, 411.070, 411.087,
411.404, 411.706, 411.816, 412.006, 412.014, 412.024, 412.049, 412.124, 414.231
Stats. Implemented: ORS 411.060,
411.070, 411.087, 411.404, 411.706, 411.816, 412.006, 412.014, 412.024, 412.049,
412.124, 414.23
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 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 30-1996, f. &
cert. ef. 9-23-96; AFS 17-1998, f. & cert. ef. 10-1-98; AFS 1-2000, f. 1-13-00,
cert. ef. 2-1-00; AFS 19-2001, f. 8-31-01, cert. ef. 9-1-01; AFS 5-2002, f. &
cert. ef. 4-1-02; SSP 17-2004, f. & cert. ef. 7-1-04; SSP 17-2008, f. &
cert. ef. 7-1-08; SSP 9-2012, f. 3-29-12, cert. ef. 4-1-12; SSP 37-2013, f. 12-31-13,
cert. ef. 1-1-14
461-120-0340
Client Required To Help
Department Obtain Support From Noncustodial Parent; TANF
In the TANF program:
(1) To be
eligible for program benefits, except as permitted in section (2) of this rule,
a caretaker relative (see OAR 461-001-0000) must make a good faith effort to help the Department:
(a) Establish
paternity of each needy child; and
(b) Locate
and obtain support payments from the noncustodial parent of each needy child.
(2) A caretaker
relative is excused from the requirements of section (1) of this rule:
(a) For good
cause under OAR 461-120-0350;
(b) If the caretaker relative is a participant in the JOBS Plus, Post-TANF, or SFPSS
programs; or
(c) If the filing group (see OAR 461-110-0330) is a two-parent family.
(3) A good
faith effort includes taking such actions as:
(a) Supplying sufficient information for the Division of Child Support (DCS) to proceed
with appropriate actions to establish paternity of a dependent child, to locate
noncustodial parents, or to establish a support order with respect to the child. Sufficient information includes, but is not limited to, the time and place
of each child's conception (if paternity is not established) and the following information,
if known to the caretaker relative, regarding any noncustodial parent of
a needy child:
(A) Full
legal name and nicknames.
(B) Social
Security Number.
(C) Current
or last known address.
(D) Current
or last known employer, including name and address.
(E) If a
student, current or last known school.
(F) Criminal
record, including where and when incarcerated.
(G) Date
of birth, or age.
(H) Race.
(I) Any known
group or organizational affiliations.
(J) Names
and addresses of close friends or relatives.
(K) Any other
information the Department or DCS requests to help locate or identify an absent
parent of any children in the benefit group.
(b) Supplying
documentation or an explanation of the client's efforts to obtain information requested
by the Department or DCS (if unable to provide any necessary information listed
in subsection (a) of this section).
(c) Keeping
appointments with the Department and DCS related to establishing paternity.
(d) Returning
telephone calls and responding to correspondence when requested to do so by the
Department or DCS.
(4) If a
client who has not been excused under section (2) of this rule has the opportunity
to make a good faith effort to help the Department establish paternity of
a needy child or locate or obtain support payments from the noncustodial parent
of a needy child (and is unable to show he or she has good cause under OAR
461-120-0350), the Department applies penalties for failure to comply with requirements
of section (1) of this rule in the following manner until the client meets the requirements
of this rule:
(a) For a benefit group (see OAR 461-110-0750) not currently receiving TANF, if the
failure to comply occurs while an application for TANF is pending the filing
group (see OAR 461-110-0330) is ineligible.
(b) For a benefit group receiving TANF benefits, if a failure to comply occurs, the
net monthly TANF benefit, after reductions for the client'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.
(C) 75 percent
for the third 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.
(c) Once
a penalized client complies with the requirements and benefits are no longer reduced
under this rule, a subsequent penalty is imposed without regard to any prior penalty.
(d) If the
TANF payment is affected by the penalty imposed under this rule, eligibility for
and the level of SNAP benefits are determined as if the client were receiving cash
benefits without reduction due to the penalty.
(5) The penalty
provided by this rule ends when the client meets the requirements of section (1)
of this rule.
Stat. Auth.: ORS
411.060, 411.070, 412.024 & 412.049

Stats. Implemented:
ORS 411.060, 411.070, 412.024 & 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 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 31-1996, f. & cert. ef. 9-23-96;
AFS 19-1997, f. & cert. ef. 10-1-97; AFS 24-1997, f. 12-31-97, cert. ef. 1-1-98;
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 1-2000, f. 1-13-00, cert. ef. 2-1-00; AFS 13-2002, f. &
cert. ef. 10-1-02; CWP 37-2003(Temp), f. 10-31-03, cert. ef. 11-1-03 thru 4-28-04;
SSP 33-2003, f. 12-31-03, cert. ef. 1-4-04; 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 12-2009(Temp),
f. 6-23-09, cert. ef. 7-1-09 thru 12-28-09; SSP 28-2009, f. & cert. ef. 10-1-09;
SSP 29-2011(Temp), f. & cert. ef. 10-5-11 thru 4-2-12; SSP 9-2012, f. 3-29-12,
cert. ef. 4-1-12; SSP 24-2012(Temp), f. 6-29-12, cert. ef. 7-1-12 thru 12-28-12;
SSP 36-2012, f. 12-28-12, cert. ef. 12-29-12; SSP 8-2013, f. & cert. ef. 4-1-13
461-120-0345
Clients Required to Obtain Health
Care Coverage and Cash Medical Support; GAM, OSIPM
This rule explains the obligation of
clients to obtain health care coverage and cash medical support for members of the
benefit group (see OAR 461-110-0750) in the GAM and OSIPM programs.
(1) Unless excused from the
requirements of this section for good cause defined in OAR 461-120-0350, each adult
client must assist the Department and the Division of Child Support of the Department
of Justice in establishing paternity for each of his or her children and obtaining
an order directing the non-custodial parent (see OAR 461-001-0000) of a child (see
OAR 461-001-0000) in the benefit group to provide:
(a) Cash medical support
for that child; and
(b) Health care coverage
for that child.
(2) Each adult client must
make a good faith effort to obtain available coverage under Medicare.
(3) To be eligible for the
GAM and OSIPM programs, once informed of the requirement, an individual who is able
to must apply for, accept, and maintain cost-effective, employer-sponsored health
insurance (see OAR 461-155-0360). In the GAM and OSIPM programs, the client is not
required to incur a cost for the health insurance.
(4) An individual who fails
to meet an applicable requirement in sections (1), (2), or (3) of this rule is removed
from the need group (see OAR 461-110-0630).
(5) In the case of an individual
failing to meet the requirements of section (1) of this rule, the Department applies
the penalty after providing the client with notice and opportunity to show the provisions
of OAR 461-120-0350 apply.
(6) The penalty provided
by this rule ends when the client meets the requirements of this rule.
Stat. Auth: ORS 411.060, 411.070, 412.024,
412.049, 414.042
Stats. Implemented: ORS 411.060,
411.070, 412.001, 412.024, 412.049, 414.025, 414.042
Hist.: AFS 28-1992, f. &
cert. ef. 10-1-92; AFS 19-1993, f. & cert. ef. 10-1-93; AFS 2-1994, f. &
cert. ef. 2-1-94; AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95; AFS 30-1996, f. &
cert. ef. 9-23-96; AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97; AFS 19-1997, f. &
cert. ef. 10-1-97; AFS 24-1997, f. 12-31-97, cert. ef. 1-1-98; AFS 10-1998, f. 6-29-98,
cert. ef. 7-1-98; AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00; AFS 17-2000, f. 6-28-00,
cert. ef. 7-1-00; AFS 19-2001, f. 8-31-01, cert. ef. 9-1-01; AFS 27-2001, f. 12-21-01,
cert. ef. 1-1-02; AFS 13-2002, f. & cert. ef. 10-1-02; SSP 1-2003, f. 1-31-03,
cert. ef. 2-1-03; SSP 16-2003, f. & cert. ef. 7-1-03; SSP 29-2003(Temp), f.
10-31-03, cert. ef. 11-1-03 thru 3-31-04; SSP 33-2003, f. 12-31-03, cert. ef. 1-4-04;
SSP 35-2003(Temp), f. 12-31-03 cert. ef. 1-1-04 thru 3-31-04; SSP 6-2004, f. &
cert. ef. 4-1-04; 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 29-2009(Temp), f. & cert. ef. 10-1-09 thru 3-30-10; SSP 38-2009, f. 12-31-09,
cert. ef. 1-1-10; 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
461-120-0350
Clients Excused for Good Cause from
Compliance with Requirements to Pursue Child Support, Health Care Coverage, and
Medical Support
(1) A client is excused from the requirements
of OAR 461-120-0340(1) and 461-120-0345(1)(a) if:
(a) The client's compliance
would result in emotional or physical harm to the dependent child (see OAR 461-001-0000)
or to the caretaker relative (see OAR 461-001-0000). The statement of the caretaker
relative alone is prima facie evidence that harm would result;
(b) The child was conceived
as a result of incest or rape and efforts to obtain support would be detrimental
to the dependent child. The statement of the caretaker relative alone is prima facie
evidence on the issues of conception and detrimental effect to the dependent child;
(c) Legal proceedings are
pending for adoption of the needy child; or
(d) The parent is being helped
by a public or licensed private social agency to resolve the issue of whether to
release the child for adoption.
(2) In the GAM and REFM programs,
a pregnant client is excused from the requirements of OAR 461-120-0345.
Stat. Auth.: ORS 411.060, 411.070, 411.404,
411.706, 411.816, 412.006, 412.014, 412.049, 412.124, 414.231
Stats. Implemented: ORS 411.060,
411.070, 411.404, 411.706, 411.816, 412.006, 412.014, 412.049, 412.124, 414.231
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; 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 28-1992, f. & cert. ef. 10-1-92; AFS 19-1993, f. &
cert. ef. 10-1-93; AFS 2-1994, f. & cert. ef. 2-1-94; 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 19-1997, f. &
cert. ef. 10-1-97; AFS 10-1998, f. 6-29-98, cert. ef. 7-1-98; AFS 1-2000, f. 1-13-00,
cert. ef. 2-1-00; SSP 9-2012, f. 3-29-12, cert. ef. 4-1-12; 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
461-120-0510
Age Requirements for Clients 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
TANF program:
(a) A dependent child (see
OAR 461-001-0000) must be:
(A) Under 18 years of age;
or
(B) 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.
(c) "Regularly attending
school" means enrolled in and attending any of the following:
(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.
(C) A course of vocational
or technical training, including Job Corps, 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 payment
of child care costs for the ERDC or TANF program, a child must be:
(a) Under 12 years of age
for the ERDC program or under 13 years of age for the TANF program; or
(b) Under 18 years of age
and--
(A) Physically or mentally
incapable of selfcare;
(B) Under court supervision;
(C) Receiving foster care;
(D) Eligible for the special
need rate for child care in OAR 461-155-0150; or
(E) Subject to circumstances
that significantly compromise the child's safety or the caretaker's ability to work
or participate in an assigned activity if child care is not available.
(4) To be eligible for the
OSIP-AB, OSIPM-AB, QMB-BAS, QMB-SMB, REFM, or SNAP programs, a client may be any
age.
(5) To be eligible for the
GA and GAM programs, a client must be:
(a) Eighteen years of age
or older and less than 65 years of age; or
(b) Sixty-five years of age
or older and must be a non-citizen who meets the requirements of OAR 461-120-0125.
(6) To be eligible for the
OSIP-AD (except OSIP-EPD), OSIPM-AD (except OSIPM-EPD), and QMB-DW programs, a client
must be under 65 years of age.
(7) To be eligible for the
OSIP-EPD and OSIPM-EPD programs, the client must be 18 years of age or older or
be legally emancipated.
(8) To be eligible for the
OSIP-OAA or OSIPM-OAA programs, a client must be 65 years of age or older.
(9) To be eligible for the
REF program, a client must be:
(a) 18 years of age or older;
(b) A legally emancipated
minor; or
(c) Part of a TANF filing
group (see OAR 461-110-0310) that is ineligible for the TANF program.
Stat. Auth: ORS 411.060, 411.070, 411.404,
411.816, 412.049
Stats. Implemented: ORS 411.060,
411.070, 411.404, 411.816, 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 13-1991, f. &
cert. ef. 7-1-91; AFS 20-1991, f. & cert. ef. 10-1-91; AFS 20-1992, f. 7-31-92,
cert. ef. 8-1-92; AFS 35-1992, f. 12-31-92, cert. ef. 1-1-93; 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 42-1996, f. 12-31-96, cert. ef. 1-1-97; AFS 3-1997, f. 3-31-97,
cert. ef. 4-1-97; 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 10-1998, f. 6-29-98, cert. ef. 7-1-98; AFS 25-1998, f. 12-28-98, cert. ef. 1-1-99;
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 1-2000, f. 1-13-00, cert. ef. 2-1-00; AFS 18-2001(Temp), f.
8-31-01, cert. ef. 9-1-01 thru 12-31-01; AFS 27-2001, f. 12-21-01, cert. ef. 1-1-02;
AFS 5-2002, f. & cert. ef. 4-1-02; AFS 10-2002, f. & cert. ef. 7-1-02; SSP
29-2003(Temp), f. 10-31-03, cert. ef. 11-1-03 thru 3-31-04; SSP 6-2004, f. &
cert. ef. 4-1-04; SSP 17-2004, f. & cert. ef. 7-1-04; SSP 22-2004, f. &
cert. ef. 10-1-04; SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06; SSP 17-2008, f. &
cert. ef. 7-1-08; SSP 23-2008, f. & cert. ef. 10-1-08; SSP 29-2009(Temp), f.
& cert. ef. 10-1-09 thru 3-30-10; SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10;
SSP 25-2011, f. 9-30-11, cert. ef. 10-1-11; SSP 9-2012, f. 3-29-12, cert. ef. 4-1-12;
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
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).
Documentary evidence is required to show that an individual is the father of a 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.
(3) To be eligible for the
ERDC program, a child must live with a caretaker (see OAR 461-001-0000).
Stat. Auth.: ORS 411.060, 411.070, 411.404,
412.049
Stats. Implemented: ORS 411.060,
411.070, 411.404, 412.049
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91; AFS 13-1991, f. &
cert. ef. 7-1-91; AFS 28-1992, f. & cert. ef. 10-1-92; AFS 30-1992(Temp), f.
& cert. ef. 10-14-92; AFS 1-1993, f. & cert. ef. 2-1-93; 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 17-2004,
f. & cert. ef. 7-1-04; SSP 9-2012, f. 3-29-12, cert. ef. 4-1-12; 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

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