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

Or. Admin. R. 461-130-0330

AFS 17-1998, f. & cert. ef. 10-1-98; AFS 2-1999, f. 3-26-99, cert. ef. 4-1-99; AFS 9-1999, f. & cert. ef. 7-1-99; SSP 7-2003, f. & cert. ef. 4-1-03; SSP 17-2004, f. & cert. ef. 7-1-04; SSP 7-2005, f. & cert. ef. 7-1-05; SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08; SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08; SSP 41-2010, f. 12-30-10, cert. ef. 1-1-11; SSP 26-2011(Temp), f. 9-30-11, cert. ef. 10-1-11 thru 3-29-12; SSP 35-2011, f. 12-27-11, cert. ef. 1-1-12; SSP 25-2012, f. 6-29-12, cert. ef. 7-1-12; SSP 37-2012, f. 12-28-12, cert. ef. 1-1-13; SSP 37-2015, f. 12-23-15, cert. ef. 1/1/2016; SSP 15-2016, f. & cert. ef. 4/1/2016; SSP 23-2016, f. 6-28-16, cert. ef. 7/1/2016; SSP 35-2016, f. 9-30-16, cert. ef. 10/1/2016; SSP 45-2016, f. 12-20-16, cert. ef. 1/1/2017; SSP 22-2017, f. 9-8-17 & cert. ef. 10/1/2017; SSP 34-2017, amend filed 12/18/2017, effective 1/1/2018; SSP 31-2018, minor correction filed 10/24/2018, effective 10/24/2018; SSP 25-2019, amend filed 12/24/2019, effective 1/1/2020

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