Current through Register Vol. 63, No. 3, March 1, 2024
(1) Under Oregon law, cash benefits are not
subject to assignment, transfer, garnishment, levy, or execution, as long as
they can be identified as program payments and are separate from other money in
the client's possession.
(2) Except
for electronic benefit transfer (EBT), the Department considers a benefit
issued if the check has been handed to the client or vendor, or mailed to the
client or vendor. The Department considers a benefit issued, and received by
the client, when a direct check deposit is made to the client's or vendor's
bank account.
(3) Cash benefits
subject to refund or rebate (see OAR 461-145-0435) by a vendor are to be issued
by the vendor to the client.
(4)
For EBT,
(a) The Department considers
benefits received when an EBT card has been received, a personal identification
number (PIN) has been selected, and the benefits have been issued and made
available to the individual in their EBT account.
(b) The Department considers benefits
available as provided under OAR 461-165-0100.
(c) Unused benefits remain available for
client access for 274 days from the date the benefits were made available in
the EBT account.
(d) Unused
benefits are expunged by the oldest benefit allotment after 274 days if none of
the benefits have been used during the 274 days. "Used" means a purchase or
withdrawal of any amount.
(e) If
benefit expungement is delayed past the required 274 days for any reason, all
unused benefits that have reached or exceeded the 274 days shall be expunged at
the earliest date possible.
(f)
Expunged benefits shall not be restored to the client.
(5) Benefits, once issued, are unrestricted
and do not require accountability for individual expenditures or amounts,
unless limited elsewhere in rule.
(6) In the REF program:
(a) Cash benefits are provided to help meet
the basic needs of low-income refugees and may not be used in any
electronic benefit transfer transaction (see section (10) of
this rule) in--
(A) Any liquor
store (see section (10) of this rule);
(B) Any casino, gambling casino, or
gaming establishment (see section (10) of this rule);
(C) Any retail establishment which provides
adult-oriented entertainment in which performers disrobe or perform in an
unclothed state for entertainment; or
(D) Any marijuana dispensary.
(b) The Department will take steps
to ensure individuals have adequate access to their cash benefits.
(7) In the SFPSS and TANF
programs:
(a) Cash benefits are provided to
help meet the basic needs of low-income families with
dependent
children (see OAR 461-001-0000) and may not be used in any
electronic benefit transfer transaction in--
(A) Any liquor
store;
(B) Any
casino, gambling casino, or gaming establishment;
(C) Any retail establishment which provides
adult-oriented entertainment in which performers disrobe or perform in an
unclothed state for entertainment; or
(D) Any marijuana dispensary.
(b) The Department will take steps
to ensure individuals have adequate access to their cash benefits.
(8) For purposes of sections (6)
and (7) of this rule:
(a) "Liquor store" means
any retail establishment which sells exclusively or primarily intoxicating
liquor. Such term does not include a grocery store which sells both
intoxicating liquor and groceries including staple foods (as defined in section
3(r) of the Food and Nutrition Act of 2008 (7 U.S.C.
2012(r))). The term "liquor"
includes alcoholic beverages broadly, including beer and wine.
(b) "Casino, gambling casino, or gaming
establishment" means an establishment with a primary purpose of accommodating
the wagering of money, and does not include--
(A) A grocery store which sells groceries
including such staple foods and which also offers, or is located within the
same building or complex as, casino, gambling, or gaming activities;
or
(B) Any other establishment that
offers casino, gambling, or gaming activities incidental to the principal
purpose of the business.
(c) "Electronic benefit transfer transaction"
means the use of a credit or debit card service, automated teller machine,
point-of-sale terminal, or access to an online system for the withdrawal of
funds or the processing of a payment for merchandise or a service.
(A) "Electronic benefit transfer transaction"
includes transactions in Oregon, outside Oregon, and on tribal lands.
(B) "Electronic benefit transfer transaction"
includes using or accessing cash benefits in a private bank account.
Statutory/Other Authority: ORS
409.050,
411.060,
411.070,
411.816,
412.006,
412.014 & 412.049
Statutes/Other Implemented: ORS
409.010,
409.050,
411.060,
411.070,
411.117,
411.816,
411.837,
412.006,
412.014,
412.049,
412.151 &
7 CFR
274.2