Current through Register Vol. 63, No. 3, March 1, 2024
(1) An applicant who would be subject to an
employment program disqualification under OAR 461-130-0330 but withdraws the
application before benefits are approved is not subject to
disqualification.
(2) In the REF,
SNAP, and TANF programs, a filing group (see OAR 461-110-0330, 461-110-0370,
and 461-110-0430) is not subject to the impact of a disqualification for a
disqualified member who has left the household group (see OAR
461-110-0210).
(a) In the REF and SNAP
programs, if the member joins another filing group, that group is subject to
the member's most recent employment program disqualification.
(b) In the TANF program, if the member joins
another filing group, that group is not subject to the member's most recent
employment program disqualification.
(3) In the REF program, a disqualification
ends when:
(a) The Department changes the
participation classification of the disqualified individual to
exempt (see OAR 461-130-0305); or
(b) REF program benefits are closed for a
reason other than described in OAR 461-130-0330(4).
(4) In the TANF program,
(a) The JOBS disqualification penalty imposed
under OAR 461-130-0330 ends and cash benefits are restored on the date any of
the following occur:
(A) The Department
changes the participation classification of the disqualified individual to JOBS
exempt or JOBS volunteer (see OAR
461-130-0305);
(B) A JOBS eligible
(see OAR 461-130-0310) individual in the need group (see OAR
461-110-0630) agrees to engage in a JOBS program activity (see
OAR 461-001-0025) in the individual's current or revised case
plan (see OAR 461-001-0025);
(C) The household reports that the
disqualified individual is no longer a member of the household
group, which also ends the disqualification for the
individual;
(D) The Department
determines the disqualified individual is unable to participate because there
are no appropriate activities or no support services (see OAR
461-001-0025) available to support the activity; or
(E) The Department determines the
disqualified individual is unable to participate due to a
disability (461-001-0000) that prevents the individual from
participating in the JOBS program, or the Department determines a needed and
appropriate accommodation was not provided to the individual for a known
disability.
(b) The JOBS disqualification penalty imposed
under OAR 461-130-0330 ends on the last day of the calendar month following the
month of closure when TANF program benefits are closed before any provisions in
subsection (a) of this section are met. (For example, if TANF benefits closed
the last day of November during an active third level penalty, the third level
penalty disqualification will remain until the last day of December.)
(c) When the disqualification penalty is
ended, later disqualifications begin at the first level (see OAR
461-130-0330).
(5) In
the SNAP program:
(a) The disqualification
imposed under OAR 461-130-0330(6)(a) for failure to meet the requirements in
OAR 461-130-0315 ends, and ineligibility for SNAP is lifted in one of the
following ways:
(A) When based on change in
classification: The disqualification ends the date the individual's
participation classification is changed by the Department to
exempt (see OAR 461-130-0310). SNAP eligibility is restored
the first day of the following month. If on an open SNAP case, they are
restored to the benefit group on the first day of the
following month.
(B) When based on
serving the disqualification and providing agreement: The disqualification ends
and SNAP eligibility is restored the first day of the month following the month
in which the individual serves the applicable progressive disqualification (see
OAR 461-130-0330) and agrees to the work requirements in OAR 461-130-0315. If
on an open SNAP case, they are restored to the benefit group
on the first day of the following month.
(b) An ABAWD who resides in one of the
SNAP time-limit areas (see OAR 461-135-0520) who is ineligible
to receive food benefits due to receiving three countable
months (see OAR 461-135-0520) may regain eligibility as provided in
OAR 461-135-0520.
Statutory/Other Authority: ORS
409.050,
411.060,
411.070,
411.816,
412.009 & 412.049
Statutes/Other Implemented: ORS
409.010,
409.050,
411.060,
411.070,
411.816,
411.825,
411.837,
412.009,
412.049,
45 CFR
261.12,
45 CFR 261.13 &
45 CFR
261.14
