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DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS









 

DIVISION 180
EFFECTIVE DATES

461-180-0005
Effective Dates; Acting on Changes; ERDC
In the ERDC program:
(1) For changes reported on the reapplication form, the effective date is:
(a) The first day of the next certification period (see OAR 461-001-0000); or
(b) If changes will end benefits, the last day of the current certification period.
(2) For changes not reported on the reapplication form:
(a) For changes that require the certification period to be shortened, the effective date for the end of the certification period becomes the last day of the month in which the notice period ends. If the notice period ends the month after the change is reported, and the information results in an increase in benefits, adjust benefits for the last month of the shortened certification period.
(b) For all other changes that will cause:
(A) An increase in benefits, the effective date is the first of the month after the filing group (see OAR 461-110-0350) reports the change.
(B) A decrease in benefits, the effective date is the first of the month after the notice period ends.
(c) For changes that will end benefits, the effective date is the last day of the month in which the notice period ends.
Stat. Auth.: ORS411.060, 411.070

Stats. Implemented: ORS 411.060, 411.070

Hist.: AFS 13-1993(Temp), f. & cert. ef. 7-1-93; AFS 21-1993, f. & cert. ef. 10-12-93; AFS 2-1994, f. & cert. ef. 2-1-94; AFS 13-1994, f. & cert. ef. 7-1-94; SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09; SSP 28-2009, f. & cert. ef. 10-1-09
461-180-0006
Effective Dates; Changes in the
Simplified Reporting System (SRS); SNAP
In the SNAP program:
(1) The effective date of
a change based on an Interim Change Report is:
(a) The first day of the
seventh month of the certification period (see OAR 461-001-0000); or
(b) If the change causes
benefits to close, the last day of the sixth month of the certification period.
(2) The effective date of
a change not based on an Interim Change Report is as follows:
(a) For a change resulting
in an increase in benefits, the effective date is determined in accordance with
OAR 461-180-0010 and 461-180-0020.
(b) For a change resulting
in a decrease in benefits, the effective date for reducing benefits is the first
of the month following the month in which the decision notice period ends.
(c) For a change resulting
in a closure of benefits, the effective date is the last day of the month in which
the notice period ends.
Stat. Auth.: ORS 409.050, 411.060, 411.070,
411.816
Stats. Implemented: ORS 409.010,
409.050, 411.060, 411.070, 411.816, 411.825, 411.837
Hist.: SSP 20-2003, f. &
cert. ef. 8-15-03; SSP 5-2009, f. & cert. ef. 4-1-09; SSP 23-2015, f. 9-28-15,
cert. ef. 10-1-15
461-180-0010
Effective Dates; Adding a New Person
to an Open Case
(1) In the following programs, the effective
date for adding an individual (other than an assumed eligible newborn) to the benefit
group (see OAR 461-110-0750) is one of the following:
(a) In the GAM, OSIPM, and
REFM programs, it is whichever occurs first:
(A) The date the client requests
benefits, if the client was eligible as of that date.
(B) The date all eligibility
requirements are met.
(b) In the SNAP program:
(A) If adding the individual
increases benefits, it is the first of the month after the filing group (see OAR
461-110-0370) reports the person has joined the household group (see OAR 461-110-0210).
If verification is requested, the effective date for the change is:
(i) The first of the month
following the date the change was reported if verification is received by the Department
no later than the due date for the verification.
(ii) The first of the month
following the date the verification is received by the Department, if received after
the verification due date.
(B) If adding the individual
reduces benefits, it is the first of the month following the month in which the
notice period ends (see OAR 461-175-0050).
(c) In the GA, OSIP, REF,
SFPSS, and TANF programs, it is the date on which all eligibility requirements are
met and verified. If benefits have been issued for the month and adding the new
person would reduce benefits, the person is added the first of the month following
the month in which the notice period ends (see OAR 461-175-0050).
(d) In the QMB-BAS and QMB-DW
programs, it is the first of the month after the new individual has been determined
to meet all QMB eligibility criteria and the Department receives the required verification.
(e) In the QMB-SMB program,
it is the first of the month in which the new individual has been determined to
meet all QMB-SMB eligibility criteria and the Department receives the required verification.
(f) In the SFPSS and TANF
programs, for adding a child (see OAR 461-001-0000) to be covered by a provider-direct
child care payment, it is the first of the month in which the child is added to
the benefit group.
(2) In the following programs,
the effective date for adding an assumed eligible newborn to the benefit group is
one of the following:
(a) In the GAM, OSIPM, and
REFM programs, it is the date of birth if all the following paragraphs are true.
If any of the following paragraphs is not true, the newborn is added to the benefit
group in accordance with section (1) of this rule.
(A) A request for benefits
is made within one year of the birth. For purposes of this paragraph, a telephone
call from the attending physician, another licensed practitioner, a hospital, or
the family is considered a request for benefits.
(B) The newborn has continuously
lived with the mother since the date of birth.
(C) The mother was receiving
GAM or OSIPM on the date of birth, even if she is not currently eligible for benefits.
(b) In the SFPSS and TANF
programs, it is:
(A) The date of birth, if
all eligibility requirements are met and verified within 45 days after the birth;
or
(B) The date all eligibility
factors are met and verified, if the verification is completed more than 45 days
after the date of birth.
(3) In the ERDC program,
the effective date for adding an individual to the need group (see OAR 461-110-0630)
or benefit group is as follows:
(a) If adding the individual
to the need group will decrease the copay, the effective date is the first of the
month after the client reports the person has joined the household.
(b) If adding the individual
to the need group increases the copay — for instance, because the individual
receives income--the effective date is the first of the month following the end
of the decision notice period (see OAR 461-175-0050).
(c) The effective date for
adding a child to the benefit group - that is, covering the cost of the child's
care — is the earliest of the following:
(A) For newborns, the date
of birth, if all eligibility requirements are met and verified within 45 days after
the birth.
(B) For all other children,
the first of the month in which the change is reported, if all eligibility requirements
are met and verified within 45 days.
(C) For newborns and other
children, if eligibility cannot be verified within 45 days, the effective date is
the first of the month in which all eligibility factors are met and verified.
Stat. Auth.: ORS 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 20-1990, f. 8-17-90, cert. ef. 9-1-90; AFS 23-1990, f. 9-28-90,
cert. ef. 10-1-90; 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 2-1994, f. & cert.
ef. 2-1-94; AFS 22-1995, f. 9-20-95, cert. ef. 10-1-95; AFS 36-1996, f. 10-31-96,
cert. ef. 11-1-96; AFS 19-1997, f. & cert. ef. 10-1-97; SSP 7-2003, f. &
cert. ef. 4-1-03; SSP 17-2004, f. & cert. ef. 7-1-04; 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 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
461-180-0020
Effective Dates; Changes in Income
or Income Deductions That Cause Increases
For all programs in Chapter 461, except
the ERDC program, this rule is used to determine the effective date when a change
in income or income deductions causes an increase in benefits. For all changes,
the effective date is one of the following:
(1) In the GA, SFPSS, and
TANF programs, the effective date for an anticipated change reported before the
payment month is the first of the payment month in which it will occur. If the change
is not reported until the month it occurs or later, the effective date is the first
of the month following the month in which the change was reported.
(2) In the SNAP program:
(a) The effective date when
verification is not requested is the first of the month following the date the change
was reported.
(b) The effective date if
verification is requested is:
(A) The first of the month
following the date the change was reported if verification is received no later
than the due date for the verification.
(B) The first of the month
following the date the verification is received by the Department, if received after
the verification due date.
(3) In the OSIP program,
the effective date for an anticipated change is:
(a) The first of the month
in which the change occurs if the change is reported by the 10th day of the month
following the month the change occurred; or
(b) 10 days before the change
is reported, if it is reported after the 10th day of the month following the month
the change occurred.
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, 411.706, 411.816, 412.014, 412.049
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 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 13-1994, f. & cert.
ef. 7-1-94; AFS 13-2002, f. & cert. ef. 10-1-02; SSP 24-2004, f. 12-30-04, cert.
ef. 1-1-05; SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07; 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; SSP 28-2009, f. & cert. ef. 10-1-09; SSP 32-2010,
f. & cert. ef. 10-1-10; 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
461-180-0030
Effective Dates; Changes in Income or Income Deductions that Cause Reductions
For all cases except those assigned to the SRS or TBA reporting systems, this rule is used to determine the effective date when changes in income or income deductions cause a decrease in benefits. The effective date for reducing benefits is the first day of the month following the month in which the notice period (see OAR 461-175-0050) ends.
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 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; SSP 13-2003, f. 6-12-03, cert. ef. 6-16-03; SSP 20-2003, f. & cert. ef. 8-15-03; SSP 28-2009, f. & cert. ef. 10-1-09; SSP 32-2010, f. & cert. ef. 10-1-10
461-180-0040
Effective Dates; Special and Service Needs
(1) The effective date for a special need is the date of request for the special need item.
(2) The effective date for long-term care is determined as follows:
(a) For in-home services the effective date is the date the Department authorizes the service plan. An authorized service plan must:
(A) Specify the date when services will begin (this date cannot be prior to the date that the service plan is completed) and the maximum number of hours authorized; and
(B) Identify the enrolled homecare worker (see OAR 411-031-0020 and 411-031-0040) or contracted in-home care agency (see OAR 411-030-0090) the client has employed to provide the authorized services. For the purposes of this paragraph, employed means that the homecare worker or agency has agreed to provide the services as authorized by the service plan.
(b) For a client residing in, or who will reside in a licensed community-based setting or Medicaid-certified nursing facility the effective date is the later of the following:
(A) The date of request for services; or
(B) The date the individual begins residing in the community-based setting or nursing facility.
(3) The effective date for a reduction or termination in services is the later of the following:
(a) The end of the ten-day notice mailing period; and
(b) The termination date of a service plan.
(4) The effective date for a reduction or termination of an on-going special need is the end of the timely continuing benefit notice period.
Stat. Auth.: ORS 411.060

Stats. Implemented: ORS 411.060

Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 6-2001, f. 3-30-01, cert. ef. 4-1-01; SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05; SSP 4-2005, f. & cert. ef. 4-1-05; SSP 17-2008, f. & cert. ef. 7-1-08
461-180-0044
Effective Dates; Income Cap Trust
The effective date for an income cap
trust that makes a client income-eligible for long term care or home and community-based
care (see OAR 461-001-0030) under 461-135-0750 and 461-145-0540(9)(c) is the first
day of the month in which the trust document is signed.
Stat. Auth.: ORS 411.060
Stats. Implemented: ORS 411.060
Hist.: SSP 14-2006, f. 9-29-06,
cert. ef. 10-1-06; SSP 16-2006(Temp), f. 12-29-06, cert. ef. 1-1-07 thru 3-31-07;
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07; SSP 17-2013(Temp), f. & cert. ef.
7-1-13 thru 12-28-13; SSP 26-2013, f. & cert. ef. 10-1-13
461-180-0050
Effective Dates; Suspending or Closing Benefits and JOBS Support Service Payments
(1) This rule explains the effective
date for closing or suspending benefits for the entire benefit group (see OAR 461-110-0750)
and the effective date for ending JOBS support service payments.
(2) In all programs except
the ERDC program, when the only individual in a benefit group dies, the effective
date of the closure is:
(a) In the REF, SNAP, and
TANF programs, the last day of the month in which the death occurred.
(b) In all other programs,
the date of the death.
(3) For all closures and
suspensions not covered by section (2) of this rule, the effective date is determined
as follows:
(a) When prospective eligibility
is used, the effective date for closing or suspending benefits is the last day of
the month in which the notice period ends.
(b) When retrospective eligibility
or budgeting is used, the effective date for closing or suspending benefits is the
last day of the budget month.
(c) When an absent parent
enters an ongoing TANF program household, or another change occurs that ends eligibility
based on the incapacity or unemployment of a parent, the effective date for closing
benefits is the last day of the month in which the 45-day period described in OAR
461-125-0255 ends.
(d) For a pregnant female
receiving benefits of the OSIPM program, the effective date for closing benefits
is no earlier than the last day of the calendar month in which the 60th day after
the last day of pregnancy falls, except at the client's request.
(e) For a client who is receiving
medical assistance and becomes incarcerated with an expected stay of a year or less,
the effective date for suspending medical benefits is the effective date on the
decision notice (see OAR 461-001-0000).
(f) The effective date for
ending support service payments authorized under OAR 461-190-0211 is the earlier
of the following:
(A) The date the related
JOBS activity is scheduled to end.
(B) The date the client no
longer meets the requirements of OAR 461-190-0211.
Stat. Auth.: ORS 409.050, 411.060, 411.070,
411.404, 411.706, 411.816, 412.014, 412.049, 414.231, 414.826
Stats. Implemented: ORS 409.050,
411.060, 411.070, 411.404, 411.706, 411.816, 412.014, 412.049, 414.231, 414.826
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 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 36-1996, f. 10-31-96,
cert. ef. 11-1-96; SSP 17-2004, f. & cert. ef. 7-1-04; SSP 18-2004, f. &
cert. ef 7-12-04; SSP 23-2004(Temp), f. & cert. ef. 10-1-04 thru 12-31-04; SSP
24-2004, f. 12-30-04, cert. ef. 1-1-05; SSP 5-2010, f. & cert. ef. 4-1-10; 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 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
461-180-0060
Effective Dates; Denial of Benefits
The effective date for denying benefits is the earlier of the following:
(1) The date the decision is made that the client is not eligible; or
(2) The end of the application processing time frame, if the application or required verification is incomplete.
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 2-1992, f. 1-30-92, cert. ef. 2-1-92
461-180-0065
Effective Dates; Ending Disqualifications
(1) The effective date for ending a
JOBS disqualification or a disqualification related to diagnosis, counseling, or
treatment for substance abuse or mental health is:
(a) The date the client meets
the requirements for ending the JOBS disqualification (see OAR 461-130-0335); or
(b) The date the client meets
the requirements for ending the disqualification for failure to comply with OAR
461-135-0085(1) (see OAR 461-135-0089).
(2) In the GAM and OSIPM
programs, the effective date for ending the disqualification for failing to enroll
in cost-effective, employer-sponsored health insurance is the date the client provides
verification of enrollment during the open enrollment period.
(3) In the SNAP program,
the effective date for ending an employment program disqualification is the date
the client fulfills the requirements to end the disqualification or the first of
the month following the minimum disqualification period, whichever occurs later
(see OAR 461-180-0010 regarding the effective date for adding a person to an open
case).
(4) For an IPV disqualification,
the disqualification ends the day after the minimum disqualification period ends,
if there is no additional IPV disqualification to be served and all eligibility
requirements are met.
(5) For all other disqualifications
in the TANF program, the disqualification ends whenever the client agrees to cooperate.
(6) For other disqualifications
in the SNAP program, the disqualification ends at the end of the disqualification
period.
Stat. Auth.: ORS 411.060, 411.816 &
412.049
Stats. Implemented: ORS 411.060,
411.816 & 412.049
Hist.: AFS 22-1990(Temp),
f. 9-28-90, cert. ef. 10-1-90; AFS 26-1990, f. & cert. ef. 11-29-90; AFS 2-1992,
f. 1-30-92, cert. ef. 2-1-92; AFS 2-1994, f. & cert. ef. 2-1-94; AFS 6-1994,
f. & cert. ef. 4-1-94; 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 17-1998, f. & cert. ef. 10-1-98; AFS 11-1999,
f. & cert. ef. 10-1-99; AFS 12-2001, f. 6-29-01, cert. ef. 7-1-01; SSP 22-2004,
f. & cert. ef. 10-1-04; 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
461-180-0070
Effective Dates; Initial
Month Benefits
(1) In the EA program, the effective
date for opening the case is the day benefits are issued to the benefit group (see
OAR 461-110-0750). For a benefit group whose only eligible child is an unborn, the
effective date cannot be earlier than the first day of the calendar month preceding
the month in which the due date falls.
(2) In the ERDC program,
the effective date for starting benefits is one of the following:
(a) The first day of the
month in which the request for benefits is made if:
(A) All eligibility (see
OAR 461-001-0000) requirements are met in that month; and
(B) Verification is provided
within the application processing timeframes.
(b) If all eligibility requirements
are not met in the month of request, the effective date is the first day of the
month in which they are met, if verification is provided within the application
processing timeframes.
(c) For a benefit group that
received TANF program benefits within the 30 days before applying for ERDC program
benefits, the effective date is the first of the month following closure of their
TANF program benefits.
(3) In the GA program, the
effective date for the initial month (see OAR 461-001-0000) of benefits is whichever
of the following occurs first:
(a) The day all eligibility
requirements are met and verified.
(b) The 45th day from the
date the individual requests benefits, if all eligibility requirements were met,
but the Department did not receive documentation until after the 45th day.
(4) In the OSIP program,
the effective date for the initial month of benefits is whichever of the following
occurs first:
(a) The date an individual
requests benefits, if the individual was eligible as of that date.
(b) The date all eligibility
requirements are met.
(5) In the REF program, when
a filing group (see OAR 461-110-0430) makes an initial application, the effective
date for starting benefits is:
(a) If all eligibility requirements,
including an interview, are completed by the 45th day from the date of request (see
OAR 461-115-0030), the effective date for starting benefits is the filing date (see
OAR 461-115-0040).
(b) If all eligibility requirements
are not met by the 45th day from the date of request, a new date of request and
filing date must be established.
(6) In the TANF program,
when a filing group (see OAR 461-110-0330) makes an initial application or applies
after the end of the certification period (see OAR 461-001-0000), the effective
date for starting TANF benefits is one of the following:
(a) Except as provided in
subsections (b) to (d) of this section, if all eligibility requirements, including
a TANF interview, are completed by the 45th day from the date of request, the effective
date for starting benefits is the filing date. If all eligibility requirements are
not met by the 45th day from the date of request, a new date of request and filing
date must be established.
(b) If the only eligible
child is an unborn, the effective date may not be earlier than the first day of
the calendar month preceding the month in which the due date falls.
(c) For an individual in
the Pre-TANF program, the effective date for the initial month of benefits is the
date the Pre-TANF program ends as provided in OAR 461-135-0475.
(d) For a JOBS support service
payment, the effective date is the date the individual meets all eligibility requirements
in OAR 461-190-0211.
(7) In the SFPSS program,
when moving a TANF program recipient to SFPSS, the effective date for the initial
month of SFPSS program benefits is:
(a) Except as provided in
subsection (b) of this section, the first of the month following the day all eligibility
requirements are met and verified.
(b) If the day all eligibility
requirements are met and verified falls after the "compute deadline," the initial
month of SFPSS program benefits will be the first of the month following the month
after "compute deadline." For purposes of this rule, "compute deadline" means the
Department computer system monthly deadline after which changes will not take effect
until the month following the first of the next month.
Stat. Auth.: ORS 409.050, 411.060, 411.070,
411.404, 411.706, 411.878, 412.006, 412.014, 412.049, 413.085, 414.685
Stats. Implemented: ORS 409.010,
409.050, 411.060, 411.070, 411.081, 411.087, 411.404, 411.706, 411.878, 412.006,
412.014, 412.049, 412.064, 413.085, 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 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 26-1996, f. 6-27-96,
cert. ef. 7-1-96; 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 8-1998, f. 4-28-98,
cert. ef. 5-1-98; AFS 3-2000, f. 1-31-00, 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; SSP 7-2003, f. &
cert. ef. 4-1-03; 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 17-2004, f. & cert. ef. 7-1-04;
SSP 21-2004, f. & cert. ef. 10-1-04; 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 23-2008, f. & cert.
ef. 10-1-08; SSP 5-2009, f. & cert. ef. 4-1-09; 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
8-2013, f. & cert. ef. 4-1-13; 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
461-180-0080
Effective Dates; Initial Month SNAP Benefits
In the SNAP program:
(1) Except as provided in section (2) of this rule, for a filing group making an initial application or applying after the end of its certification period, the effective date for starting benefits is the filing date (see OAR 461-115-0050 and 461-115-0210), as long as all eligibility requirements are met on the filing date. If all eligibility requirements are not met on the filing date, the effective date is the date all eligibility requirements are met.
(2) For migrant and seasonal farmworkers that received SNAP benefits in another state the month before applying for SNAP in Oregon, the effective date for starting benefits is the first of the month.
(3) If a filing group is applying for benefits during the last two months of a certification period, the effective date is the first of the month following the end of the certification period, unless the filing group fails to complete the application process within the time frames listed in OAR 461-115-0210.
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 8-1992, f. & cert. ef. 4-1-92; AFS 19-1994, f. & cert. ef. 9-1-94; AFS 10-1995, f. 30-30-95, cert. ef. 4-1-95; AFS 41-1995, f. 12-26-95, cert. ef. 1-1-96; AFS 32-1996(Temp), f. & cert. ef. 9-23-96; AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97; SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06
461-180-0081
Effective Dates; Cases Receiving Transitional Benefit Alternative (TBA)
(1) The effective date for starting TBA benefits is the first day of the month after the TBA notice is mailed. The effective date cannot precede the date the Department has determined the client is no longer eligible for TANF.
(2) Once a household begins to receive TBA benefits, the benefits are not changed until the end of the TBA period except that TBA benefits will be changed appropriately if a member of the household:
(a) Leaves the household and applies for SNAP benefits as a member of another household; or
(b) Becomes ineligible for TBA per OAR 461-135-0506.
Stat. Auth.: ORS 411.816

Stats. Implemented: ORS 411.816

Hist.: SSP 13-2003, f. 6-12-03, cert. ef. 6-16-03; 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
461-180-0085
Effective Dates; Redeterminations
of OSIPM and QMB
In the OSIPM and QMB programs, when
the Department initiates a redetermination of eligibility:
(1) Prior to reducing or
ending medical benefits:
(a) The Department must review
each individual in the filing group (see OAR 461-110-0410) for eligibility for the
other medical programs listed in this rule; and
(b) The Oregon Health Authority,
Cover Oregon, or the Department must review the individual for Medicaid eligibility
under MAGI rules (OAR 410-200).
(2) If additional information
is needed to redetermine eligibility, members of the benefit group (see OAR 461-110-0750)
who may be eligible for the other programs listed in this rule remain eligible from
the date the review is initiated until the Department, Cover Oregon, or the Oregon
Health Authority determines their eligibility in accordance with the application
processing time frames in OAR 410-200-0110.
Stat. Auth.: ORS 409.050, 411.060, 411.404
Stats. Implemented: ORS 409.010,
411.060, 411.404
Hist.: SSP 24-2004, f. 12-30-04,
cert. ef. 1-1-05; SSP 9-2006(Temp), f. & cert. ef. 6-1-06 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 14-2007, f. 12-31-07, cert. ef. 1-1-08; 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 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 38-2013, f. 12-31-13, cert. ef. 1-1-14
461-180-0090
Effective Dates; Initial Month Medical
Benefits
The effective date for starting medical
benefits for an eligible client is as follows:
(1) In the GAM, OSIPM, QMB-DW,
and REFM programs:
(a) Except as provided for
in subsection (b) of this section:
(A) If the client meets all
eligibility requirements on the date of request (see OAR 461-115-0030), it is the
date of request. An OSIPM program client who is assumed eligible under 461-135-0010(7)
meets "all eligibility requirements" for the purposes of this section as follows:
(i) Effective the first day
of the month of the initial SSI payment if the client is age 21 or older.
(ii) Effective the first
day of the month prior to the month of the initial SSI payment if the client is
under the age of 21.
(B) If the client does not
meet all eligibility requirements on the date of request, it is the first day following
the date of request that all eligibility requirements are met.
(b) If the client does not
complete the application within the time period described in OAR 461-115-0190 (including
the authorized extension), the determination of an effective date requires a new
date of request.
(2) In the QMB-BAS program,
it is the first of the month after the benefit group (see OAR 461-110-0750) has
been determined to meet all QMB-BAS program eligibility criteria and the Department
receives the required verification.
(3) In the QMB-SMB and QMB-SMF
programs, it is:
(a) The first of the month
in which the benefit group meets all program eligibility criteria and the Department
receives the required verification; or
(b) The first of the month
in which the Low Income Subsidy (LIS) information is received by the Social Security
Administration (SSA), if the SMB or SMF program application was generated by the
electronic transmission of LIS data from the SSA and the benefit group meets all
program eligibility criteria.
(4) Retroactive eligibility
is authorized under certain circumstances in some medical programs (see paragraph
(1)(a)(A) of this rule, OAR 461-135-0875, and 461-180-0140).
Stat. Auth.: ORS 409.010, 409.050, 411.060,
411.070, 411.404, 411.704, 411.706, 414.025, 414.231, 414.826, 414.831, 414.839
Stats. Implemented: ORS 409.010,
409.050, 411.060, 411.070, 411.404, 411.704, 411.706, 414.025, 414.231, 414.826,
414.831, 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 13-1991, f. &
cert. ef. 7-1-91; AFS 1-1993, f. & cert. ef. 2-1-93; AFS 2-1994, f. & cert.
ef. 2-1-94; AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95; AFS 5-2000, f. 2-29-00, cert.
ef. 3-1-00; SSP 5-2003, f. 2-26-03, cert. ef. 3-1-03; SSP 23-2003, f. & cert.
ef. 10-1-03; SSP 17-2004, f. & cert. ef. 7-1-04; SSP 24-2004, f. 12-30-04, cert.
ef. 1-1-05; SSP 7-2005, f. & cert. ef. 7-1-05; SSP 15-2006, f. 12-29-06, cert.
ef. 1-1-07; SSP 10-2007, f. & cert. ef. 10-1-07; SSP 26-2008, f. 12-31-08, cert.
ef. 1-1-09; 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 1-2010(Temp), f. & cert. ef. 1-26-10 thru 6-30-10; SSP 18-2010,
f. & cert. ef. 7-1-10; SSP 20-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10;
SSP 32-2010, f. & cert. ef. 10-1-10; 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
461-180-0100
Effective Dates; Eligibility Following
Closure
The new effective date of eligibility
following closure of benefits or following the end of a certification period is
determined as follows:
(1) For the SNAP program,
see OAR 461 115 0450.
(2) In the ERDC program,
eligibility starts the first day of the month of the date of request.
(3) In the TANF program:
(a) Eligibility starts on
the date provided by OAR 461-180-0070 for TANF unless the client meets the requirements
of subsection (b) of this section.
(b) Eligibility starts the
first day of the month following closure if:
(A) The client contacts the
Department during the month of closure; and
(B) Submits to the Department
a complete application not later than the end of the month following closure.
(4) In all programs other
than the ERDC, SNAP, and TANF programs:
(a) If the client completes
the application process within the applicable time period described in chapter 461
of the Oregon Administrative Rules, eligibility starts on the first day of the month
following closure if the filing group meets all eligibility requirements on that
date and if:
(A) The filing group established
a date of request (see OAR 461-115-0030 for the meaning of date of request) prior
to closure; or
(B) The Department initiated
a redetermination of eligibility prior to closure.
(b) If the client does not
complete the application process within the time period described in chapter 461
of the Oregon Administrative Rules, the determination of an effective date requires
a new date of request (see OAR 461-115-0030 for the meaning of date of request).
Stat. Auth.: ORS 411.060, 411.816 &
412.049
Stats. Implemented: ORS 411.060,
411.816 & 412.049
Hist.: AFS 13-1995, f. 6-29-95,
cert. ef. 7-1-95; AFS 40-1995, f. 12-26-95, cert. ef. 1-1-96; AFS 17-1998, f. &
cert. ef. 10-1-98; AFS 6-2001, f. 3-30-01, cert. ef. 4-1-01; SSP 1-2003, f. 1-31-03,
cert. ef. 2-1-03; SSP 4-2005, f. & cert. ef. 4-1-05; SSP 6-2006, f. 3-31-06,
cert. ef. 4-1-06; SSP 37-2012, f. 12-28-12, cert. ef. 1-1-13; 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
461-180-0105
Effective Dates; Reductions Delayed
Pending a Hearing Decision
(1) If a proposed reduction or closure
of benefits or a proposed disqualification arising out of an employment program
is delayed because the client requested a hearing, the proposed action takes effect
in accordance with sections (2) and (3) of this rule.
(2) A disqualification is
effective in the following programs on the first day of the month following issuance
of a final order upholding the disqualification:
(a) In the JOBS and JOBS
Plus programs.
(b) In the SNAP program,
if the disqualification is a result of any of the following:
(A) A job quit.
(B) Failure to comply with
a requirement in OAR 461-130-0320.
(C) Failure to comply with
a requirement of the JOBS or UC employment program.
(3) All other reductions
or closures are effective in accordance with the notice that precipitated the appeal.
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 13-1995, f. 6-29-95,
cert. ef. 7-1-95; AFS 40-1995, f. 12-26-95, cert. ef. 1-1-96; AFS 17-1998, f. &
cert. ef. 10-1-98; AFS 10-2002, f. & cert. ef. 7-1-02; SSP 31-2003(Temp), f.
& cert. ef. 12-1-03 thru 12-31-03; SSP 33-2003, f. 12-31-03, cert. ef. 1-4-04;
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
461-180-0110
Effective Dates; Reimbursement of Employer-Sponsored Health Insurance Premiums
The effective date for starting reimbursement of cost-effective employer-sponsored health insurance premiums per OAR 461-135-0990 is one of the following:
(1) For new cases, the later of the following:
(a) The date of request; or
(b) If no member of the filing group is eligible for medical on the date of request, the date of initial medical eligibility.
(2) For ongoing cases, the later of the following:
(a) The first of the month in which the insurance becomes effective; or
(b) The first of the month in which the benefit group requests reimbursement.
Stat. Auth.: ORS 411.060 & ORS 411.070

Stats. Implemented: ORS 411.060

Hist.: AFS 22-1990(Temp), f. 9-28-90, cert. ef. 10-1-90; AFS 26-1990, f. & cert. ef. 11-29-90; AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92; AFS 8-1992, f. & cert. ef. 4-1-92
461-180-0120
Effective Dates; Removing an Individual
The effective date for removing an individual
from a benefit group (see OAR 461-110-0750) is one of the following:
(1) If the individual has
left the benefit group in the current budget month because he or she is ineligible,
is disqualified, or has left the household, the effective date is:
(a) The first of the month
after the notice period (see OAR 461-175-0050) ends, if the change will reduce benefits.
(b) The last day of the month
in which the notice period ends, if the change will end benefits.
(2) If the individual is
reasonably expected to leave the household next month, the effective date is the
later of the following:
(a) The first of the month
following the month in which the individual leaves the household group (see OAR
461-110-0210), if the change will reduce benefits.
(b) The end of the month
in which the individual is expected to leave the household group, if the change
will end benefits.
(3) When an individual in
a benefit group of more than one individual dies, the effective date of the closure
or reduction in benefits is one of the following:
(a) In the ERDC, REF, SNAP,
and TANF programs, the last day of the month in which the 10-day notice period ends.
(b) For all programs not
covered by subsection (a) of this section, the date of the individual's death.
Stat. Auth.: ORS 409.050, 411.060, 411.070,
411.404, 411.706, 411.816, 412.014, 412.049, 414.231, 414.826
Stats. Implemented: ORS 409.050,
411.060, 411.070, 411.404, 411.706, 411.816, 412.014, 412.049, 414.231, 414.826
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 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 13-1993(Temp),
f. & cert. ef. 7-1-93; AFS 21-1993, f. & cert. ef.
10-12-93; AFS 2-1994, f. & cert. ef. 2-1-94; SSP 17-2004, f. & cert. ef.
7-1-04; SSP 28-2009, f. & cert. ef. 10-1-09; SSP 18-2010, f. & cert. ef.
7-1-10; SSP 32-2010, f. & cert. ef. 10-1-10; 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
461-180-0125
Effective Dates; Reopen After Returned Mail; ERDC, SNAP
In the ERDC and SNAP programs, benefits may be reopened effective the first of the month when mail is returned by the U.S. Post Office marked "undeliverable, no forwarding address" in the following situation:
(1) Benefits ended as of the last calendar day of the prior month;
(2) The reason for the case closure was mail returned, no forwarding address; and
(3) The client contacted the Department within the first calendar month following the case closure with a new mailing address.
Stat. Auth.:ORS 411.060, 411.816

Stats. Implemented: ORS 411.060, 411.816

Hist.: SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05; SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09
461-180-0130
Effective Dates; Restored Benefits
(1) The effective
date for restoring benefits that were underpaid (including erroneous collections
of overpayments) or denied or closed in error is set as follows:
(a) Except
as provided in subsections (b) and (c) of this section, in all programs except the
SNAP program, for underpayments resulting from administrative error, the effective
date is the date the error was made.
(b) In all
programs except as provided in subsection (c) of this section, benefits may be restored
only for the preceding 12 months.
(c) JPI benefits
may be restored only for the preceding four months and not to a date earlier than
the individual is eligible under OAR 461-135-1260.
(d) In all
programs except the SNAP program, for underpayments resulting from client error,
the effective date is the earliest of the following:
(A) The month
the benefit group (see OAR 461-110-0750) notifies the branch office (see OAR 461-001-0000)
of the possible loss.
(B) The month
the branch office discovers the loss.
(C) The date
a hearing is requested.
(2) In the
SNAP program, for underpayments resulting from administrative error, benefits are
restored for not more than twelve months prior to whichever of the following occurs
first:
(a) The date
the benefit group notifies the branch office of the possible loss.
(b) The date
the branch office discovers the loss.
(c) The date
a hearing is requested.
(3) In the
SNAP program, benefits are not restored for underpayments resulting from client
error.
(4) The effective
date for restoring benefits that have been suspended is:
(a) For individuals
whose medical assistance is suspended because they are incarcerated with an anticipated
stay of a year or less, see OAR 461-135-0950(8).
(b) When
subsection (a) of this section does not apply:
(A) The first
of the month after the suspension, if suspension was for only one month; or
(B) The date
the benefit group again becomes eligible, if benefits have been suspended for more
than 30 days. The Department treats the month in which benefits are restored as
an initial month (see OAR 461-001-0000).
Stat. Auth.: ORS
409.050, 411.060, 411.070, 411.404, 411.816, 412.014, 412.049, 414.231

Stats. Implemented:
ORS 409.010, 411.060, 411.070, 411.404, 411.439, 411.816, 412.014, 412.049, 414.231

Hist.: AFS
80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 13-1991, f. & cert. ef. 7-1-91;
SSP 7-2005, f. & cert. ef. 7-1-05; SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06;
SSP 15-2011(Temp), f. & cert. ef. 6-29-11 thru 12-26-11; SSP 28-2011(Temp),
f. 9-30-11, cert. ef. 10-1-11 thru 12-26-11; SSP 32-2011, f. & cert. ef. 12-27-11;
SSP 33-2011(Temp), f. & cert. ef. 12-27-11 thru 6-24-12; SSP 9-2012, f. 3-29-12,
cert. ef. 4-1-12; SSP 20-2012(Temp), f. 5-23-12, cert. ef. 5-24-12 thru 11-20-12;
SSP 30-2012, f. 9-28-12, cert. ef. 10-1-12
461-180-0140
Effective Dates; Retroactive Medical Benefits
(1) In the OSIPM program:
(a) If an applicant requests
and is eligible for retroactive medical benefits, the earliest date the applicant
may be eligible is three months before the date of request (see OAR 461-115-0030).
For example, if the applicant requests benefits on July 10th, eligibility may begin
as early as April 10.
(b) After the earliest date
is established, eligibility is determined on a month-by-month basis. The period
starts on the earliest established date and ends on the date the applicant requests
benefits. For example, if the applicant requests benefits on August 10th, the earliest
date is May 10. Eligibility is established separately for May 10 through May 31,
June 1 through June 30, July 1 through July 31, and August 1 through August 9.
(2) If an applicant requests
and is eligible for retroactive QMB DW, the earliest date the applicant may be eligible
is three months before the date of request.
(3) If a QMB SMB or QMB-SMF
applicant requests and is eligible for retroactive payment of Part B Medicare premiums,
the earliest date the applicant may be eligible is three months before the date
of request.
(4) If an applicant applying
for REFM is eligible for retroactive medical benefits, the earliest the applicant
may be eligible is the most recent of the following:
(a) The date the applicant
arrived in the United States; or
(b) Three months before the
date of request.
Stat. Auth.: ORS 409.050, 411.060, 411.404
Stats. Implemented: ORS 409.010,
411.060, 411.404
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 35-1992, f. 12-31-92,
cert. ef. 1-1-93; AFS 2-1994, f. & cert. ef. 2-1-94; SSP 17-2004, f. & cert.
ef. 7-1-04; 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

The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
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