Oregon Administrative Rules
Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS
Division 135 - SPECIFIC PROGRAM REQUIREMENTS
Section 461-135-0505 - Categorical Eligibility for SNAP
Universal Citation: OR Admin Rules 461-135-0505
Current through Register Vol. 63, No. 3, March 1, 2024
(1) Individuals and categorical eligibility.
(a) Except as provided under section (c) of
this section, an individual is categorically eligible for SNAP benefits:
(A) Under original Categorical Eligibility
(CE) regulations:
(i) When they receive or are
authorized to receive, and qualify for, Temporary Assistance to Needy Families
(TANF) cash assistance,
(ii) When
they receive or are authorized to receive General Assistance (GA), or
(iii) When they receive or are authorized to
receive Supplemental Security Income (SSI).
(B) Under Expanded Categorical Eligibility
(ECE) regulations:
(i) When deemed to be
receiving SSI under Section 1619(a) or 1619(b) of the Social Security Act
(42 U.S.C.
1382h(a) or (b));
or
(ii) When they receive or are
authorized to receive cash, in-kind benefits, or services either under Title
IV-A of the Social Security Act or by the state as part of the TANF maintenance
of effort:
(I) Employment Related Day Care
(ERDC) under the Department of Early Learning and Care (DELC); or
(II) TANF-related programs: Pre-TANF, TA-DVS,
TANF-JOBS Plus, Housing Stabilization Program through Housing and Community
Services, and Employment Payments.
(b) For the purposes of categorical
eligibility, every individual filing group (see OAR
461-110-0370) member:
(A) Of ERDC and TA-DVS
programs are considered receiving the benefits of the program.
(B) Eligible for transition services or the
TA-DVS program is considered receiving benefits for the entire period of
eligibility even if benefits are not received during each month of that
period.
(c) The
following individuals shall not be categorically eligible for SNAP benefits:
(A) Those disqualified from receiving SNAP
benefits because of an established intentional program violation under OAR
461-195-0611.
(B) The
primary person (see OAR 461-001-0015) disqualified from
receiving SNAP benefits for failure to comply with a SNAP employment and
training requirement under OAR 461-130-0315.
(2) Filing group and categorical eligibility.
(a) Except as
provided under subsections (b) and (c) of this section, a filing
group is categorically eligible for SNAP benefits:
(A) Under CE when all members of the
filing group meet the CE provisions under paragraph (1)(a)(A)
of this rule;
(B) Under ECE when
one of the following is met:
(i) All members
meet the ECE provisions under paragraph (1)(a)(B) of this rule, or
(ii) All members meet either CE or ECE
provisions under subsection (1)(a) of this rule with at least one member
meeting CE provisions and at least one meeting ECE provisions.
(C) Under Broad-Based Categorical
Eligibility (BBCE) when at least one member meets neither CE nor ECE
provisions, but the filing group meets all of the following:
(i) Has received, or will receive upon
approval, the pamphlet about Information and Referral Services. The receipt of
the Information and Referral services pamphlet by one member of the
filing group is considered received by the entire
group.
(ii) The countable
income(see OAR 461-140-0010) is less than 200 percent of the federal
poverty level (see OAR 461-155-0180). If there are filing
group members who are ineligible or disqualified for SNAP (see OAR
461-160-0410), to determine categorical eligibility, countable
income without proration is compared to the federal poverty level for
the number in the filing group.
(iii) The filing group has
liquid assets from lottery or gambling winnings less than the resource limit
listed in OAR 461-160-0015(7)(a). For the purposes of this rule, liquid assets
are assets that are easily accessible and do not need to be sold to access
their value.
(b) A filing group shall not
be categorically eligible for SNAP benefits when a member of the filing
group is not categorically eligible.
(c) A filing group that
loses SNAP benefit eligibility (see OAR 461-001-0000) due to
lottery or gambling winnings (see OAR 461-140-0263) is not eligible for SNAP
benefits, or to have SNAP eligibility determined using
categorical eligibility, until they meet financial eligibility
under the following SNAP financial eligibility resource and
income requirements (see OAR 461-160-0400):
(A) Resources must be below the resource
limit set under OAR 461-160-0015,
(B)
Countable income (see
OARs 461-001-0000 and 461-140-0010) must be below the countable
income limit set at 130 percent of the federal poverty level under OAR
461-155-0180, except for a financial group (see OAR
461-110-0530) that includes an individual who is elderly (see
OAR 461-001-0015) or has a disability (see OAR 461-001-0015),
and
(C)
Adjusted
income (see OAR 461-001-0000) must be below the adjusted
income limit set at 100 percent of the federal poverty level under OAR
461-155-0180.
(D) This provision
applies to all types of categorical eligibility.
(E) After a filing group
regains eligibility for SNAP under this subsection, future
eligibility may be determined using categorical
eligibility.
(3) When a filing group contains both members who are categorically eligible for SNAP benefits and those who are not, a resource owned in whole or in part by a categorically eligible member is excluded.
(4) Presumed eligibility.
(a) If verified in a
public assistance or medical assistance program, an individual found
categorically eligible for the SNAP program is presumed to meet the following
eligibility requirements, unless questionable:
(A) Social security number,
(B) U.S. Citizenship and Immigration Services
sponsorship information, and
(C)
Oregon residency.
(b) A
filing group found categorically eligible for the SNAP program
is presumed to meet the following financial eligibility
resource and income requirements (see OAR 461-160-0400):
(A) Resource limit,
(B)
Countable income limit,
and
(C)
Adjusted
income limit.
Statutory/Other Authority: ORS 411.816
Statutes/Other Implemented: ORS 411.816 & 7 CFR 273.11
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