Or. Admin. R. 461-130-0330 - Disqualifications; REF, SNAP, TANF
(1)
In the 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 TANF program, a JOBS eligible (see
OAR 461-130-0310) individual who fails to comply with an employment program
participation requirement or 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, only 25 percent of the TANF benefit amount, less any overpayment
recovered, are subject to a JOBS disqualification penalty. The effects of a
JOBS disqualification, including 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 and continues until the disqualification ends in accordance with OAR
461-130-0335. When a disqualification penalty ends, later disqualifications
begin at the first level.
(a) At the first
level, the penalty is a 6.25 percent reduction in benefits.
(b) At the second level, the penalty is a
12.5 percent reduction in benefits.
(c) At the third level, the penalty is a
18.75 percent reduction in benefits.
(d) At the fourth level, the penalty is a 25
percent reduction in benefits. The penalty remains at the fourth level until
the disqualification ends.
(6) In the SNAP program:
(a) A mandatory individual
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
removed from the need group and must serve the applicable
progressive disqualification:
(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) is also subject to SNAP time limits
under OAR 461-135-0520.
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, 45 CFR 261.12, 45 CFR 261.13 & 45 CFR 261.14
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