Current through Register Vol. 63, No. 3, March 1, 2024
(1) In all programs except the REFM 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.
(f) In the REF program, an individual is not
required to pursue assets that remain in their country of origin.
(g) An individual is not required to make a
good faith effort to obtain an asset if it will put the individual at further
risk of current or future domestic violence (see OAR
461-001-0000).
(2) In the
REFM program, an individual must make a good faith effort to obtain any asset
(other than support and medical coverage, which is covered in OAR 461-120-0350)
to which the individual has a legal right or claim, except as follows:
(a) Except as specified by law, an individual
applying for or receiving REFM is not required to apply for other programs the
Department administers or for SSI.
(b) An individual is not required to borrow
money.
(c) 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.
(d) An individual is not required to pursue
assets that remain in their country of origin.
(e) An individual is not required to make a
good faith effort to obtain an asset if it will put the individual at further
risk of current or future domestic violence.
(f) An individual is not required to apply
for, accept, and maintain employer-sponsored health
insurance.
(3) In all
programs except the OSIP, OSIPM, QMB, and SNAP 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 (3)(a) of this rule is effective until all members of the filing
group comply with the requirements of sections (1) and (2) of this
rule.
(4) In the OSIP,
OSIPM, and QMB programs:
(a) An individual is
ineligible for benefits if the individual fails to comply with the requirements
of this rule.
(b) The penalty
provided by subsection (a) of this section is effective until the individual
complies with the requirements of section (1) of this rule.
Statutory/Other Authority: ORS
409.050,
411.060,
411.070,
411.087,
411.404,
411.706,
411.816,
412.006,
412.014,
412.024,
412.049,
412.124,
413.085,
414.231 & 414.619
Statutes/Other Implemented: 411.060, 411.070, 411.087,
411.404, 411.706, 411.816, 412.006, 412.014, 412.024, 412.049, 412.124, ORS
409.010 &
414.231
