Current through Register Vol. 63, No. 9, September 1, 2024
(1) In the
Pre-TANF, REF, SNAP, and TANF programs:
(a)
The Department assigns an individual to one or more employment program
participation classifications: exempt, mandatory, and
volunteer (see OAR
461-130-0305 for definitions of
all three terms).
(b)
Notwithstanding OAR 461-130-0503(2)(c), while receiving Employment
Payments (see OAR
461-001-0025) under OAR
461-135-1270, an individual is
classified as a volunteer.
(2) In the Pre-TANF and TANF programs:
(a) An individual in the
need
group (see OAR
461-110-0630) is JOBS
exempt from employment program participation and
disqualification if the individual meets the requirements of at least one of
the following paragraphs. The individual is -
(A) A parent (see OAR
461-001-0000) providing care for
a family member who is an individual with a disability (see
OAR 461-001-0000) and is in the
household group (see OAR
461-110-0210) with the
parent. Medical documentation to support the need for the care
is required.
(B) A noncitizen who
is not authorized to work in the United States.
(C) An individual who is eligible for and
receives supplemental security income (SSI) from the Social Security
Administration.
(D) A
caretaker relative (see OAR
461-001-0000) who is
non-needy.
(b) A
caretaker relative of a dependent child or
unborn who receives TANF program benefits is JOBS eligible if the
caretaker relative is in the same filing group with the
dependent child (see OAR
461-001-0000) or unborn (even if
the caretaker relative is not in the TANF program
benefit group under OAR
461-110-0750), unless the
caretaker relative is otherwise JOBS exempt
from participation under subsection (a) of this section.
(c) A JOBS volunteer is an individual who is
federally mandatory and eligible to participate in an employment program, but
who may not be disqualified as they meet at least one of the following state
exemptions:
(A) Pregnant and the pregnancy has
reached the first of the calendar month prior to the month in which the due
date falls.
(B) Pregnant and
experiencing medical complications due to the pregnancy that prohibit
participation in activities of the program and are documented by a qualified
and appropriate professional.
(C) A
parent, who is 20 years old and older, or has a high school
diploma or GED and is age 18 or 19, during the first six months after the birth
of the parent's dependent child except that the Department may
require the parent to participate in parenting classes or a
family stability activity(see OAR
461-001-0000). An exemption
allowed under this paragraph may apply only to one JOBS Eligible participant in
each filing group (see OAR
461-110-0330).
(D) A parent under age 20
years old without a high school diploma or GED, during the first 16 weeks after
the birth of the parent's dependent child except that the
Department may require the parent to participate in parenting
classes, a family stability activity, or an educational track
if the parent has not completed high school, GED, or
equivalency program.
(E) An
individual whose participation is likely to cause undue hardship or is contrary
to the best interests of the dependent child or needy
caretaker relative.
(F) Pregnant and participating more than 10
hours per week during the first two months of the third trimester.
(G) A VISTA volunteer.
(3) In the SNAP program:
(a) An individual is
exempt
from registration in an employment program and disqualification if the
individual meets the requirements of one of the following paragraphs. The
individual is:
(A) An individual with a
physical, mental, or behavioral health condition that prevents performance of
work or the ability to obtain or maintain employment, including but not limited
to:
(i) Having a disability
(see OAR 461-001-0015) or receiving
disability income, or has applied for disability benefits pending a decision or
is in the appeal process.
(ii)
Pregnant and a medical practitioner has limited their work due to medical
complications related to the pregnancy.
(iii) Receiving "wrap-around services"
focused on physical or mental health. "Wrap-around services" means a range of
services provided by a Community Based Organization (CBO) addressing a
participant's needs which include medical or health issues preventing a
participant from obtaining or maintaining employment.
(B) Responsible for the care of a
child (see OAR
461-001-0000) in the filing
group under 6 years of age.
(C)
Responsible for the care of an individual with an incapacity that substantially
reduces or eliminates the individual's ability to care for themselves, and
providing this care prevents the participant from obtaining or maintaining
employment.
(D) A student enrolled
at least half-time, as defined by the school, in any high school or equivalent
program recognized by a school district or enrolled at least half-time in any
school, training program, or institution of higher education. An individual
remains exempt during normal periods of class attendance,
vacation, and recess but no longer qualifies for the student exemption when a
break in enrollment occurs due to graduation, suspension or expulsion, or when
the student drops out of school or does not enroll in classes for the next
regular school term (excluding summer term).
(E) A regular participant in a drug addiction
or alcoholic treatment and rehabilitation program.
(b) An individual is
mandatory for registration in an employment program and the
requirements in OAR 461-130-0315 if the individual
meets the requirements of one of the following paragraphs. These individuals
may be disqualified under OAR
461-130-0330 for failing to meet
the requirements in OAR
461-130-0315. The individual is
not required to participate in any SNAP employment and training program and is
not subject to the SNAP time limit under OAR
461-135-0520. The individual is:
(A) Working for pay a minimum of 30 hours a
week or earning money equal to at least the federal minimum wage multiplied by
30 hours per week multiplied by 4.3 weeks. An individual who is self-employed
with allowable costs must meet the earnings threshold after allowing the 50
percent deduction. This includes migrant and seasonal farm
workers (see OAR
461-001-0015) who are under
contract or similar agreement with an employer or crew chief to begin
employment within 30 days.
(B)
Engaged in the TANF JOBS program under Title IV-A of the Social Security
Act.
(C) In receipt of unemployment
insurance benefits, has completed an application for unemployment insurance
benefits and is waiting for an initial decision on the claim, or is
participating in at least one of the following Employment Department training
programs:
(i) The Trade Readjustment
Allowance (TRA) program serving displaced workers under the Trade
Act.
(ii) The Training Unemployment
Insurance (TUI) program.
(iii) The
Self-Employment Insurance (SEA) program.
(iv) The Apprenticeship Program
(APT).
(c) A
mandatory client is an individual in the need
group (see OAR
461-110-0630); who is 16 or 17
years of age and a primary person (see OAR
461-001-0015), or 18 years of
age and older and 59 years of age and younger; and who is not
exempt under subsection (a) of this section.
(4) In the REF program, an
individual in the need group is exempt from
the REP program participation and disqualification if the individual meets the
requirements of at least one of the following subsections. The individual is -
(a) 65 years of age or older.
(b) An individual providing care for a family
member who is in the household group and has a
disability (see OAR
461-001-0000). Medical
documentation to support the need for the care is required.
(c) An individual whose participation is
likely to cause undue hardship to that individual.
(d) Pregnant and the pregnancy has reached
the first of the calendar month prior to the month in which the due date
falls.
(e) Pregnant and
experiencing medical complications due to the pregnancy that prohibit
participation in activities of the program and are documented by a qualified
and appropriate professional.
(f)
Pregnant and participating more than 10 hours per week during the first two
months of the third trimester.
Statutory/Other Authority: ORS
409.050,
411.060,
411.070,
411.816,
412.006,
412.009,
412.014 &
412.049
Statutes/Other Implemented: ORS
409.010,
409.750,
411.060,
411.070,
411.816,
411.837,
412.006,
412.009,
412.014,
412.049,
7 USC
2015(d) &
7 CFR
273.7