Oregon Administrative Rules
Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS
Division 135 - SPECIFIC PROGRAM REQUIREMENTS
Section 461-135-0700 - Specific Requirements; General Assistance (GA)

Universal Citation: OR Admin Rules 461-135-0700

Current through Register Vol. 63, No. 9, September 1, 2024

(1) For purposes of this rule, referring to an individual's housing circumstances as "homeless" means any of the following:

(a) The individual does not have a fixed or regular nighttime residence.

(b) The individual provides the Department with verification, under OAR 461-115-0700, that they are required to leave their place of residence within the upcoming 90 days. If the individual is not able to provide documentary verification, the Department will accept, on a case-by-case basis, self-attestation under the following circumstances:
(A) Documentation does not exist at application; or

(B) Documentation is not reasonably available at application, such as in the case of homelessness, domestic violence, or natural disaster.

(c) The individual's primary residence is one of the following:
(A) A supervised shelter that provides temporary accommodations.

(B) A halfway house or residence for individuals who may become institutionalized.

(C) A temporary accommodation in another individual's or family's residence for 90 days or less.

(D) A place not designed to be or ordinarily used as a place for individuals to sleep, such as a hallway, bus station, or similar place.

(E) A place lacking consistent and operational access to essential utilities.

(F) A temporary accommodation rented or leased by another person or entity, on behalf of the individual, for 90 or fewer days.

(2) To be eligible for General Assistance (GA), an individual must meet all of the following requirements:

(a) The individual must be 18 years of age or older.

(b) The individual must be an individual whose housing circumstances qualify as homeless (see section (1) of this rule).

(c) The individual may not be in the same OSIPM household group (see OAR 461-110-0210) with their child (see OAR 461-001-0000).

(d) The individual may not be receiving TANF benefits.

(e) The individual must be eligible for and receiving OSIPM with a basis of need established under OAR 461-125-0370(1)(c).

(f) The individual may not be in a nonstandard living arrangement (see OAR 461-001-0000) other than at home receiving in-home services (see OAR 411-030-0020).

(g) The individual must file a Supplemental Security Income (SSI) claim for benefits. The Department considers an SSI claim for benefits "filed" when all of the following criteria are met:
(A) An application form designated by the Social Security Administration (SSA) to pursue an SSI claim for benefits is filled out.

(B) The application is submitted to the SSA or to another Federal office, State office, or person authorized to receive applications on behalf of the SSA.

(C) The Department receives verification the individual's application for SSI claim for benefits has been received by the SSA.

(h) The individual must actively pursue the SSI claim for benefits, including:
(A) Cooperate with the Department in applying to the SSA for SSI;

(B) Appeal all denials of SSI made prior to a decision or recommended decision issued by an administrative law judge at the hearing level; and

(C) Attend all appointments designated by the Department relating to obtaining SSI.

(i) The individual must meet the non-financial, non-disability requirements for SSI.

(j) The individual must complete and sign an interim assistance agreement authorizing the Department to recover interim GA benefits paid to the client (or paid to providers on the client's behalf) from the initial SSI payment or initial post-eligibility payment. The SSA must also receive the interim assistance agreement. The following provisions are considered part of the interim assistance agreement:
(A) Interim GA benefits include only those GA cash benefits paid during the period of time that the SSI benefit covers.

(B) For any month in which SSI is prorated, the Department may recover only a prorated amount of the interim GA cash benefit.

(C) If the Department is unable to stop delivery of a GA benefit issued after the SSI payment is made, the GA payment will be included in the interim assistance to be reimbursed to the Department.

(3) Financial Eligibility.

(a) The OSIPM income and resource methodology are used to determine financial eligibility for the GA program, with the following asset limitations:
(A) Individuals must have an adjusted income (see OAR 461-001-0000) below the amount listed under section (3) of OAR 461-155-0250.

(B) Individuals must meet the countable (see OAR 461-001-0000) resource limit under subsection (2)(a) of OAR 461-160-0015.

(b) The GA benefit amount is determined according to OAR 461-155-0210 and 461-160-0500.

(4) If the Department determines that the individual no longer has an impairment that meets the criteria in OAR 461-125-0370, the individual is ineligible for GA.

(5) An individual found by the SSA not to meet disability criteria at the initial or reconsideration level may continue receiving GA benefits until a decision or a recommended decision is issued by an SSA administrative law judge at the hearing level, pursuant to 20 CFR § 416.1453.

Statutory/Other Authority: ORS 411.060

Statutes/Other Implemented: ORS 411.710, OL 2016 ch 93, 20 CFR 416.310 & 20 CFR 416.1453

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