Current through Register Vol. 63, No. 3, March 1, 2024
The provisions in this rule apply to the SNAP program.
(1) The Department suspends sections (2) and
(6) of OAR 461-135-0520.
(2) The
Department amends OAR 461-135-0570 (3) as provided in section (6) of this
rule.
(3) Per the Families First
Coronavirus Act, Title 3, Section 2301:
(a)
SNAP time limit work requirements for ABAWDs (see OAR 461-135-0520) are
temporarily waived.
(b) ABAWDs will
not be subject to earning countable months (see OAR
461-135-0520).
(4) An
individual who the Department has determined is mandatory (see OAR
461-130-0305) will be granted "good cause" (see OAR 461-130-0327) if the reason
for not accepting employment or for leaving a job was due to the individual's
concerns regarding their health due to the COVID-19 pandemic.
(5) Emergency allotments (supplements) are
permitted through USDA waiver under Families First Coronavirus Response Act of
2020. The Department may issue an emergency allotment of SNAP benefits for any
months approved for an emergency allotment by the Food and Nutrition Service,
with the following limitations:
(a) The
emergency allotment does not change the benefit level, calculated under OAR
461-160-0400, for the benefit group (see OAR
461-110-0750).
(b) The emergency
allotment shall be issued on a date determined by the Department, not subject
to OAR 461-165-0100.
(c) Beginning
April 2020, and except as provided in paragraphs (A) and (B) of this
subsection, the amount of the emergency allotment shall be the difference
between the benefit level calculated under OAR 461-160-0400 and the maximum
Payment Standard for the number of individuals in the
benefit
group. If there is no difference, no emergency allotment shall be
issued.
(A) Beginning April 2021, if the
difference calculated equals an amount less than $95, the amount emergency
allotment shall be $95.
(B)
Beginning May 2021, if the benefit level calculated under OAR 461-160-0400 of a
benefit group is $0, no emergency allotment shall be
issued.
(d) When the
Food and Nutrition Service makes a change that ends, reduces, or suspends the
emergency allotment:
(A) No decision
notice (see OAR 461-001-0000) is required. The Department is not
required to mail a notice of intended action.
(B) The Department shall publicize the change
using one or more of the following methods:
(i) Informing the public through the news
media.
(ii) Placing posters in the
offices that serve affected individuals, in the locations where SNAP is issued,
and at other sites frequented by individuals receiving SNAP.
(iii) Mailing a general notice to the
households of affected recipients.
(e) Excepting an overpayment (see OAR
461-195-0501), there is no right to hearing to dispute emergency allotment and
no right to continuing benefits.
(6) Retroactively effective January 16, 2021:
In addition to the provisions under section (3) of OAR 461-135-0570, to be
eligible for SNAP benefits, a student of higher education (see
OAR 461-135-0570) may also meet the requirements of one of the following
subsections:
(a) The student of higher
education is eligible to participate in state or federally funded work
study program during the regular school year.
(b) The student of higher
education has an Expected Family Contribution (EFC) of $0 in the
current academic year, as determined through the Free Application for Federal
Student Aid (FAFSA).
(7)
The provisions--
(a) Listed in sections (1),
(3), and (4) of this rule end on the last day of the month in which the public
health emergency declaration made by the Secretary of Health and Human Services
under section 319 of the Public Health Service Act based on an outbreak of
coronavirus disease 2019 (COVID-19) is lifted.
(b) Listed in section (6) of this rule end 30
days after the day upon which the public health emergency declaration made by
the Secretary of Health and Human Services under section 319 of the Public
Health Service Act based on an outbreak of coronavirus disease 2019 (COVID-19)
is lifted.
Statutory/Other Authority: ORS
411.060,
411.070,
411.121,
411.816
& ORS
409.050
Statutes/Other Implemented: ORS
409.010,
ORS
411.060,
411.070,
411.121,
411.816,
411.825,
411.837,
7 USC
2015,
7
USC 2029,
7
CFR 273.7, 7 CFR 273.24,
Pub. L.
116-127, ORS
409.050,
7 CFR
273.10 &
7
CFR
273.14
