Current through Register Vol. 63, No. 9, September 1, 2024
This rule establishes the time limit and special requirements
for receipt of SNAP benefits for certain adults.
(1) Unless the context indicates otherwise,
the following definitions apply to rules in OAR chapter 461:
(a) "Able-bodied adult without dependents
(ABAWD)" means:
(A) Through August 31, 2023,
an individual 18 years of age or over, but under the age of 50, without
dependents.
(B) Effective September
1, 2023 through September 30, 2023, an individual 18 years of age or over, but
under the age of 51, without dependents.
(C) Effective October 1, 2023, an individual
18 years of age or over, but under the age of 53, without dependents.
(D) For purposes of this rule, an individual
is "without dependents" if there is no minor(see ORS
419B.550) in the individual's
filing group (see OAR
461-110-0310 and
461-110-0370).
(E) For purposes of this rule, an individual
is not "without dependents" when -
(i) A
minor has joined the individual's filing
group, has not yet been added to the individual's SNAP case due to
being on another SNAP case, and the minor will be added to the
individual's SNAP case when the notice period ends (see OAR
461-175-0050).
(ii) A minor has joined the
individual's filing group, has not yet been added to the
individual's SNAP case due to effective date provisions, and the
minor will be added to the individual's SNAP case when
effective date provisions allow (see OAR
461-180-0010).
(b) "SNAP time-limit
areas" means areas of Oregon in which the limitation on
eligibility (see OAR
461-001-0000) for SNAP benefits
for individuals with an ABAWD status in section 6(o)(2) of the Food and
Nutrition Act of 2008 (7
U.S.C. 2015(o)(2)) applies.
"SNAP time-limit areas" are Benton, Clackamas, Multnomah, Washington, and
Yamhill counties.
(c) "SNAP
time-limit exempt areas" means areas of Oregon in which the limitation on
eligibility for SNAP benefits contained in section 6(o)(2) of
the Food and Nutrition Act of 2008 (7 U.S.C.
2015(o)(2)) does not apply
per a waiver approved by the United States Department of Agriculture. "Exempt
areas" are:
(A) Baker, Clatsop, Columbia,
Coos, Crook, Curry, Deschutes, Douglas, Gilliam, Grant, Harney, Hood River,
Jackson, Jefferson, Josephine, Klamath, Lake, Lane, Lincoln, Linn, Malheur,
Marion, Morrow, Polk, Sherman, Tillamook, Umatilla, Union, Wallowa, Wasco, and
Wheeler counties. The reservation and trust lands of any Sovereign Tribal
Nation located within those counties.
(B) The reservation and trust lands of the
Burns Paiute Tribe; the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw;
the Confederated Tribes of Siletz Indians; the Confederated Tribes of Grand
Ronde; the Confederated Tribes of the Umatilla Indian Reservation; the
Confederated Tribes of Warm Springs; the Coquille Indian Tribe; and the Cow
Creek Band of Umpqua Tribe of Indians.
(2) Except as provided otherwise in this
rule, an individual with an ABAWD status who resides in one of the SNAP
time-limit areas (see section (1) of this rule) is ineligible to
receive food benefits as a member of any household after the individual
received food benefits for three countable months (see section
(3) of this rule) during January 1, 2022 to December 31, 2024. Due to the
COVID-19 pandemic and under OAR
461-135-0660, the Department
shall not assign countable months until July 1, 2023, and
after.
(3) "Countable months" means
months within the 36-month period of January 1, 2022 to December 31, 2024 in
which an individual as a member of any household receives SNAP benefits in
Oregon or in any other state, unless at least one of the following applies:
(a) Benefits are prorated for the
month.
(b) Effective July 6, 2023,
the individual is exempt from the SNAP time limit for any part of the month for
any of the following reasons:
(A) The
individual resides for any part of the month in one of the SNAP
time-limit exempt areas (see section (1) of this rule).
(B) The individual is pregnant.
(C) The individual meets the criteria under
OAR 461-130-0310(3)(a) or
(b).
(D) The individual is experiencing
homelessness.
(E) The individual is
a veteran of the US Armed Forces, regardless of discharge status.
(F) The individual is 24 years of age or
younger and was in foster care on the date they turned 18 years of age,
regardless of what state or agency provided the foster care.
(c) The individual participated in
one or more of the activities in paragraphs (A) to (D) of this subsection for
20 hours per week averaged over the month. For purposes of this rule, 20 hours
per week averaged monthly means 80 hours per month. (Activities may be combined
in one month to meet the 20 hours per week averaged monthly requirement.)
(A) Work for pay, in exchange for goods or
services, or unpaid work as a volunteer.
(i)
Work in exchange for goods and services includes bartering and in-kind
work.
(ii) Unpaid or voluntary work
hours must be verified by the employer.
(iii) For self-employed individuals,
countable income after deducting the costs of producing income (as described in
OAR 461-145-0930(4))
must average at least the federal minimum wage times 20 hours per
week.
(B) Participate in
a program under the Workforce Investment Act of 1998,
Pub. L. No.
105-220, 112 Stat. 936 (1998).
(C) Participate in a program under section
236 of the Trade Act of 1974, Pub. L. 93-618, 88 Stat. 2023, (1975)
(19 U.S.C.
2296).
(D) Comply with the SNAP Employment and
Training program requirements described in OAR
461-001-0020,
461-130-0305, and
461-130-0315. Work search
activities must be combined with other work-related activities to equal 20
hours per week and may not exceed 9 hours per week.
(d) The individual complied with the Workfare
requirements in OAR 461-190-0500.
(4) To remove a countable
month, an individual must report they were exempt or
submit evidence to the Department they met the 80 hour activity
requirement.
(5) An individual with
an ABAWD status who is ineligible under section (2) of this rule but otherwise
eligible may regain eligibility if the requirements of
subsections (a) or (b) of this section are met.
(a) The individual becomes
exempt under subsection (3)(b) of this rule.
Eligibility regained under this subsection begins on the date
the individual files a new application and continues as long as the individual
is exempt and is otherwise eligible. If not eligible on the
filing date (see OAR
461-115-0040),
eligibility begins the date all other
eligibility requirements are met.
(b) The individual, during a consecutive
30-day period during which the individual is not receiving SNAP benefits, meets
the requirements of subsection (3)(c) or (3)(d) of this rule.
(A)
Eligibility regained
under this subsection begins on the date the individual files a new application
and continues as long as the individual meets the requirements of subsection
(3)(c) or (3)(d) of this rule and is otherwise eligible. If not eligible on the
filing date, eligibility begins the date all
other eligibility requirements are met.
(B) There is no limit to how many times an
individual may regain eligibility under this subsection during
January 1, 2022 to December 31, 2024.
(c) See OAR
461-180-0010 to add an
individual to an open SNAP case after the individual has regained
eligibility under this section.
(6) An individual who regains
eligibility under section (5) of this rule and later fails to
comply with the participation requirements of subsection (3)(c) or (3)(d) of
this rule may receive a second set of food benefits for three consecutive
countable months. The countable months are
determined as follows:
(a) If the individual
stopped participation in a work program, countable months
start when the Department notifies the individual they are no longer meeting
the work requirement.
(b) If the
individual stopped participation in a work program, countable
months start when the individual notifies the Department they are no
longer meeting the work requirement.
(c) If a change occurred which results in an
individual becoming subject to the time limit in section (2) of this rule and
the change was required to be reported under rules in OAR chapter 461, division
170, the countable months start when the change
occurred.
(d) If a change occurred
which results in an individual becoming subject to the time limit and the
change was not required to be reported under rules in OAR chapter 461, division
170, countable months start when the Department notifies the
individual they must meet the work requirement.
(e) An individual may only receive benefits
without meeting the requirements of subsection (3)(c) or (3)(d) of this rule
for no more than a total of six countable months during
January 1, 2022 to December 31, 2024.
(7) The Department is authorizing the use of
discretionary exemptions, granted by the Food and Nutrition Service, for
individuals with an ABAWD status who are at risk of having their benefits
closed or reduced. Under these special exemptions, individuals will be eligible
to receive a discretionary exemption each month beginning July 2023.
(a) Effective January 1, 2024, a
discretionary exemption shall be issued for each month an individual meets one
of the following:
(A) The individual resides
in one of the following SNAP time-limit areas that will not be
offering ABAWD support services: Benton, Clackamas and Yamhill
counties.
(B) The individual
resides in an area offering ABAWD support services but is not eligible for
those support services due to lacking USCIS work authorization (also called
employment authorization).
(C) The
individual is subject to the SNAP time limits during September 2023 due to
being 50 years of age.
(D) The
individual is subject to the SNAP time limits starting October 2023 through
December 2023 due to being 50 through 52 years of age.
(E) The individual is impacted by an
identified ONE system defect which will result in an incorrect eligibility
decision and the central office SNAP Policy Analyst Unit has determined a
discretionary exemption shall be issued.
(F) The individual is a resource parent (see
OAR 413-015-0115) choosing not to
apply for SNAP benefits for a foster child in their care and household
group (see OAR
461-110-0210).
(b) The following restrictions
apply:
(A) A discretionary exemption is only
valid for one month at a time.
(B)
A discretionary exemption may not be granted for a previous month.
(C) The Department will not disqualify an
individual with an ABAWD status from the SNAP program for non-participation
when they have been issued a discretionary exemption for the following
month.
(8) An
individual with an ABAWD status involved in the activities specified in
subsection (3)(c) or (3)(d) of this rule or an activity listed in the
individual's case plan (see OAR
461-001-0020) is eligible for
support service payments necessary for transportation and other costs related
to completing the activity as allowed by OAR
461-190-0360.
Publication.: Publications referenced are available from the
agency.
Statutory/Other Authority: ORS
409.050,
411.060,
411.070,
411.121 &
411.816
Statutes/Other Implemented:
7 USC
2015,
7 USC
2029,
7 CFR
273.7,
7 CFR
273.24, ORS
409.010,
409.050,
411.060,
411.070,
411.121,
411.816,
411.825 &
411.837
