Or. Admin. R. 461-130-0330 - Disqualifications; Pre-TANF, REF, SNAP, TANF
(1) In the Pre-TANF, REF, SNAP, and TANF
programs, the Department may not disqualify from program benefits an individual
who is a volunteer (see OAR 461-130-0305 and 461-130-0310)
participant in an employment program.
(2) In the Pre-TANF and TANF programs, a JOBS
eligible (see OAR 461-130-0310) individual who fails to comply with an
employment program participation requirement or a JOBS exempt (see OAR
461-130-0310) individual who fails to comply with the requirements of OAR
461-135-0085, and does not have good cause (see OAR
461-130-0327) for the failure to comply is subject to disqualification under
this rule only after the individual has had the opportunity to participate in
the re-engagement process under OAR 461-190-0231.
(3) In the REF program, a
mandatory individual who fails to comply with an employment
program participation requirement and does not have good cause
for failure to comply is subject to disqualification under this rule only after
the individual has had the opportunity to participate in the re-engagement
process under OAR 461-190-0231.
(4)
In the REF program, the effects of an REP disqualification are progressive.
There are two levels of disqualification:
(a)
At the first level of disqualification, the penalty is the removal of the
disqualified individual from the need group (see OAR
461-110-0630) for three months. If the disqualified individual is the only
member of the filing group (see OAR 461-110-0430), the assistance is
terminated.
(b) At the second
level, the penalty is the removal of the disqualified individual from the
need group for six months. If the disqualified individual is
the only member of the filing group, the assistance is terminated.
(5) In the TANF program, the
effects of a JOBS disqualification or a disqualification imposed under OAR
461-135-0085 are progressive. There are four levels of disqualification. Once a
disqualification is imposed, it affects benefits according to the following
schedule until the disqualification ends in accordance with OAR 461-130-0335:
(a) At the first level, the penalty is a 25
percent reduction in benefits.
(b)
At the second level, the penalty is a 50 percent reduction in
benefits.
(c) At the third level,
the penalty is a 75 percent reduction in benefits.
(d) At the fourth level, the penalty is a 100
percent reduction in benefits.
(e)
At the end of the fourth level, program benefits are closed and the filing
group (see OAR 461-110-0310 and 461-110-0330) may not receive program benefits
for the following two consecutive months.
(6) In the SNAP program:
(a) A mandatory individual
not covered under subsection (b) of this section who fails to comply with the
requirements of an employment program (see OAR 461-130-0315) without
good cause (see OAR 461-130-0327) is subject to
disqualification. A disqualified individual is removed from the need
group until he or she meets the employment program requirements and
serves the applicable progressive disqualification under the following
subsections:
(A) One calendar month for the
first failure to comply.
(B) Three
calendar months for the second failure to comply.
(C) Six calendar months for the third and
subsequent failures to comply.
(b) A mandatory individual
who is an ABAWD (see OAR 461-135-0520) residing in one of the time
limit exempt areas (see OAR 461-135-0520) or a
mandatory individual who is served by an office that does not
offer OFSET (see OAR 461-190-0310) who fails to comply with the requirements in
OAR 461-130-0315(1)(c)(A) to (D) is subject to disqualification as provided in
subsection (a) of this section. See OAR 461-135-0520 for additional employment
participation requirements for ABAWD individuals.
Notes
Statutory/Other Authority: ORS 409.050, 411.060, 411.816, 412.009 & 412.049
Statutes/Other Implemented: ORS 409.010, 411.060, 411.816, 411.837, 412.009 & 412.049
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