Current through Register Vol. 63, No. 3, March 1, 2024
(1) Except as provided in section (5) of this
rule, when benefits in any Department program except a medical program and the
SNAP program will end or be reduced after a specific period of time, the
Department may issue a decision notice (see OAR 461-001-0000)
informing the benefit group (see OAR 461-110-0750) of the date
benefits will end or be reduced, and no further decision
notice is required.
(2)
Except as provided in section (5) of this rule, in any Department program
except a medical program and the SNAP program, if the benefit
group was informed in writing when the benefits began that the
benefit group would receive benefits only for a specific
period of time a basic decision notice (see OAR 461-001-0000)
may be used to--
(a) Deny an application to
start or continue benefits after the completion of a certification
period (see OAR 461-001-0000) or to approve benefits at a level lower
than the prior certification period.
(b) Indicate that benefits have been ended or
reduced when no timely application is submitted.
(3) A basic decision notice
is used when a special need allowance granted for a specific period of time is
removed at the end of the specified period and the benefit
group was informed of this in writing when the allowance began. A
timely continuing benefit decision notice (see OAR
461-001-0000) is required if stopping the special need allowance results in
benefit closure.
(4) In the JOBS
Plus program, a basic decision notice is used if--
(a) An employer submits a wage reimbursement
billing and the Department calculates a supplement (see OAR 461-190-0416 about
supplements);
(b) The
benefit group received a timely continuing benefit
decision notice that the method of payment would be changed from cash
to employer-paid wages; and
(c) The
notice specified the period of time that benefits would be
diverted.
(5) No
additional decision notice is required when:
(a) Notwithstanding OAR 461-115-0010(6), when
a benefit group submits an application for a program from
which they currently are receiving benefits.
(b) In the OSIPM program:
(A) An individual's patient liability under
OAR 461-160-0610 or participant fee (see OAR 461-001-0035)
returns to the previous amount after the Department sent the individual a
basic decision notice for a decrease in the patient liability
or participant fee due to a one-time allowable deduction and
that notice also specified when the deduction no longer would apply causing the
patient liability or participant fee to return to the previous
amount; or
(B) An individual's
benefits are being closed or reduced and the Department sent the individual a
basic decision notice of eligibility and a simultaneous
continuing benefit decision notice (see OAR 461-001-0000)
because the individual's circumstances changed between the date of the
individual's application and the date of the Department's eligibility decision
and the change caused the individual's benefits to be reduced or
closed.
(c) A
decision notice that included the eligibility begin and end
dates for the three consecutive months of Employment Payments
(see OAR 461-001-0025 and 461-135-1270) was given and the three-month
eligibility period ends.
(d) A
decision notice that informed the JPI benefit
group in writing, when their benefits began, that they would receive
JPI (see OAR 461-135-1260) benefits only for a specific period of
time.
(e) A decision
notice that included the eligibility begin and end dates was given for
TA-DVS program benefits and the 90-day eligibility period ends.
(6) In the SNAP program:
(a) A basic decision notice
is used to close benefits if the benefit group was informed in
writing, when their benefits began, that they would receive benefits only for a
specific period of time.
(b) No
decision notice is required if the individual is provided a
decision notice at the time of application or redetermination
that -
(A) The allotment of the
benefit group would vary from month to month and listed the
anticipated changes;
(B) In the
case the individual applied at the same time for both cash assistance and SNAP
benefits, the SNAP benefits would be reduced or closed upon approval of the
cash assistance; or
(C) In the case
of a
benefit group receiving benefits under expedited services
with postponed verification:
(i) The expedited
services benefits would close if the Department did not receive the postponed
verification within the timeframe established under OAR 461-115-0690.
(ii) The expedited services benefits may be
adjusted beyond the timeframe established under OAR 461-115-0690 based on the
verified information provided to the Department without further
notice.
Statutory/Other Authority: ORS
183.417,
411.060,
411.070,
411.117,
411.404,
411.706,
411.816,
412.006,
412.014,
412.049,
414.231 & 414.826
Statutes/Other Implemented: ORS
183.417,
411.060,
411.070,
411.117,
411.404,
411.706,
411.816,
412.006,
412.014,
412.049,
414.231 &
414.826
