Or. Admin. R. 461-120-0330 - Requirement to Pursue Assets

(1) In all programs except the REFM and SNAP programs, an individual must make a good faith effort to obtain any asset (other than support and medical coverage, which are covered in OAR 461-120-0340 and 461-120-0345, respectively) to which the individual has a legal right or claim, except as follows:
(a) A parent (see OAR 461-001-0000) or caretaker relative (see OAR 461-001-0000) who is exempt from participation in the JOBS program is not required to apply for unemployment insurance benefits.
(b) Except as specified by law, an individual applying for or receiving any program benefits from the Department is not required to apply for other programs it administers or for supplemental security income (SSI).
(c) An individual applying for the EA program is required to pursue, obtain, and use an asset only if the asset can be made available in time to meet the emergent need.
(d) An individual is not required to borrow money.
(e) An individual is not required to make a good faith effort to obtain any asset if the individual can show good cause for not doing so. Good cause means a circumstance beyond the ability of the individual to control.
(f) In the REF program, an individual is not required to pursue assets that remain in their country of origin.
(g) An individual is not required to make a good faith effort to obtain an asset if it will put the individual at further risk of current or future domestic violence (see OAR 461-001-0000).
(2) In the REFM program, an individual must make a good faith effort to obtain any asset (other than support and medical coverage, which is covered in OAR 461-120-0350) to which the individual has a legal right or claim, except as follows:
(a) Except as specified by law, an individual applying for or receiving REFM is not required to apply for other programs the Department administers or for SSI.
(b) An individual is not required to borrow money.
(c) An individual is not required to make a good faith effort to obtain any asset if the individual can show good cause for not doing so. Good cause means a circumstance beyond the ability of the individual to control.
(d) An individual is not required to pursue assets that remain in their country of origin.
(e) An individual is not required to make a good faith effort to obtain an asset if it will put the individual at further risk of current or future domestic violence.
(f) An individual is not required to apply for, accept, and maintain employer-sponsored health insurance.
(3) In all programs except the OSIP, OSIPM, QMB, and SNAP programs:
(a) The effect of failing to comply with this rule is that everyone in the filing group is ineligible. In addition, when a REF, SFPSS, or TANF program payment ends due to the penalty described in this subsection, eligibility for and the level of SNAP benefits are determined as if the individual were receiving benefits without the effects of this rule.
(b) The penalty provided by subsection (3)(a) of this rule is effective until all members of the filing group comply with the requirements of sections (1) and (2) of this rule.
(4) In the OSIP, OSIPM, and QMB programs:
(a) An individual is ineligible for benefits if the individual fails to comply with the requirements of this rule.
(b) The penalty provided by subsection (a) of this section is effective until the individual complies with the requirements of section (1) of this rule.

Notes

Or. Admin. R. 461-120-0330
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90; AFS 13-1991, f. & cert. ef. 7-1-91; AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92; AFS 8-1992, f. & cert. ef. 4-1-92; AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92; AFS 28-1992, f. & cert. ef. 10-1-92; AFS 12-1993, f. & cert. ef. 7-1-93; AFS 30-1996, f. & cert. ef. 9-23-96; AFS 17-1998, f. & cert. ef. 10-1-98; AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00; AFS 19-2001, f. 8-31-01, cert. ef. 9-1-01; AFS 5-2002, f. & cert. ef. 4-1-02; SSP 17-2004, f. & cert. ef. 7-1-04; SSP 17-2008, f. & cert. ef. 7-1-08; SSP 9-2012, f. 3-29-12, cert. ef. 4-1-12; SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14; SSP 24-2016, f. 6-29-16, cert. ef. 7/1/2016; SSP 8-2017, f. 3-17-17, cert. ef. 4/1/2017; SSP 23-2017, f. 9-11-17, cert. ef. 10/1/2017; SSP 34-2017, amend filed 12/18/2017, effective 1/1/2018; SSP 22-2018, amend filed 06/05/2018, effective 7/1/2018; SSP 29-2021, temporary amend filed 03/29/2021, effective 3/29/2021 through 9/24/2021; SSP 33-2021, amend filed 06/22/2021, effective 7/1/2021; SSP 19-2023, amend filed 06/20/2023, effective 7/1/2023

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.087, 411.404, 411.706, 411.816, 412.006, 412.014, 412.024, 412.049, 412.124, 413.085, 414.231 & 414.619

Statutes/Other Implemented: 411.060, 411.070, 411.087, 411.404, 411.706, 411.816, 412.006, 412.014, 412.024, 412.049, 412.124, ORS 409.010 & 414.231

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