Current through Register Vol. 63, No. 3, March 1, 2024
(1) 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 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.
(2) The effective date for a change in an
ERDC case will be:
(a) For changes reported on
the reapplication form:
(A) The first day of
the next certification period; or
(B) If changes will end benefits, the last
day of the current certification period.
(b) 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:
(i) An increase in benefits, the effective
date is the first of the month after the filing group reports the
change.
(ii) 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.
(3) The effective date for adding an
individual to the need group 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.
(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.
(4) The effective date
for removing an individual from a benefit group is as follows:
(a) If the individual has left the benefit
group in the current budget month because they are ineligible, disqualified, or
have left the household, the effective date is:
(A) The first of the month after the notice
period 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.
(b) 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, 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.
(c) Upon the death of an individual and is
not the only individual in the benefit group, the effective date of the closure
or reduction in benefits is the last day of the month in which the timely
continuing benefit decision notice period ends under OAR
414-175-0055.
(5) The
effective date for denying benefits is the date the decision is made that the
client is not eligible.
(6) For an
Intentional Program Violation (IPV) disqualification (see OAR 414-175-0099),
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.
(7) In the event of a new effective date of
eligibility following closure of benefits or following the end of a
certification period, eligibility starts the first day of the month of the date
of request.
(8) If a proposed
reduction or closure of benefits is delayed because the individual requested a
hearing, the reduction or closure is effective in accordance with the notice
that precipitated the appeal.
(9)
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) For underpayments resulting from
administrative error, the effective date is the date the error was made.
Benefits may be restored only for a period of time within the preceding 12
months.
(b) For underpayments
resulting from client error, the effective date is the earliest of the
following:
(A) The month the benefit group
notifies the Oregon Department of Human Services (ODHS) branch office of the
possible loss.
(B) The month the
ODHS branch office discovers the loss.
(C) The date a hearing is
requested.
Statutory/Other Authority: ORS
329A.500
Statutes/Other Implemented: ORS
329A.500
