Or. Admin. R. 461-130-0335 - Removing Disqualifications and Effect on Benefits

(1) An applicant who would be subject to an employment program disqualification under OAR 461-130-0330 but withdraws the application before benefits are approved is not subject to disqualification.
(2) In the REF, SNAP, and TANF programs, a filing group (see OAR 461-110-0330, 461-110-0370, and 461-110-0430) is not subject to the impact of a disqualification for a disqualified member who has left the household group (see OAR 461-110-0210). If the member joins another filing group, that group is subject to the member's most recent disqualification.
(3) In the REF program, a disqualification ends when:
(a) The Department changes the participation classification of the disqualified individual to exempt (see OAR 461-130-0305); or
(b) REF program benefits are closed for a reason other than described in OAR 461-130-0330(4).
(4) In the TANF program, the following subsections apply to an individual disqualified for failure to meet the requirements of an employment program under division 190 of these rules or the requirements of OAR 461-135-0085:
(a) At the first, second, third, and fourth level of disqualification, the individual must cooperate for two consecutive weeks with each activity (see OAR 461-001-0025) specified in the individual's current or revised case plan (see OAR 461-001-0025) before the Department may remove the disqualification. Cash benefits are restored effective the date the individual completes the two consecutive week cooperation period.
(b) When the fourth level of disqualification ends, TANF program benefits are closed and the filing group is ineligible for TANF program benefits for two consecutive months, unless the individual contacts a representative of the Department and agrees to each activity specified in the individual's current or revised case plan before the end of the fourth level. If the individual completes the two consecutive weeks of cooperation, cash benefits are restored effective the date the individual completes the two consecutive week cooperation period.
(c) Cash benefits are restored effective the date it is determined, by the Department, there are no appropriate activities or support services (see OAR 461-001-0025) necessary to support the activity available in order for the individual to demonstrate participation.
(5) In the TANF program, a disqualification ends when:
(a) The Department changes the participation classification of the disqualified individual to JOBS exempt or JOBS volunteer (see OAR 461-130-0305);
(b) A JOBS eligible (see OAR 461-130-0310) individual in the need group (see OAR 461-110-0630) complies with the requirements of the employment program as provided in section (4) of this rule;
(c) TANF program benefits are closed for a reason other than described in OAR 461-130-0330;
(d) The individual is no longer a member of the household group; or
(e) The individual is unable to participate because there is no appropriate activity or support services necessary to support the activity.
(6) In the SNAP program:
(a) The disqualification ends the first day of the month following the month in which information is provided to the Department justifying the change in the individual's participation classification (see OAR 461-130-0310), even if the date falls within the disqualification period provided in OAR 461-130-0330.
(b) A mandatory individual disqualified under OAR 461-130-0330 for failure to meet the requirements of a SNAP employment program must show compliance with the employment and training program for up to 30 days. The local DHS branch will determine the activities as either work activities or cooperation with the SNAP Employment and Training contractor.
(c) A mandatory ABAWD who is ineligible for exceeding the SNAP time limit may regain eligibility as provided in OAR 461-135-0520.

Notes

Or. Admin. R. 461-130-0335
AFS 17-1998, f. & cert. ef. 10-1-98; AFS 34-2000, f. 12-22-00, cert. ef. 1-1-01; SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07; 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 26-2008, f. 12-31-08, cert. ef. 1-1-09; 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 37-2012, f. 12-28-12, cert. ef. 1-1-13; SSP 24-2015, f. 9-29-15, cert. ef. 10/1/2015; 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 22-2017, f. 9-8-17 & cert. ef. 10/1/2017

Stat. Auth.: ORS 409.050, 411.060, 411.070, 411.816, 412.009, 412.049

Stats. Implemented: ORS 409.010, 409.050, 411.060, 411.070, 411.816, 411.825, 411.837, 412.009, 412.049

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