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).
(a) In the REF and SNAP programs, if the member joins another filing group, that group is subject to the member's most recent employment program disqualification.
(b) In the TANF program, if the member joins another filing group, that group is not subject to the member's most recent employment program 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,
(a) The JOBS disqualification penalty imposed under OAR 461-130-0330 ends and cash benefits are restored on the date any of the following occur:
(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) agrees to engage in a JOBS program activity (see OAR 461-001-0025) in the individual's current or revised case plan (see OAR 461-001-0025);
(C) The household reports that the disqualified individual is no longer a member of the household group, which also ends the disqualification for the individual;
(D) The Department determines the disqualified individual is unable to participate because there are no appropriate activities or no support services (see OAR 461-001-0025) available to support the activity; or
(E) The Department determines the disqualified individual is unable to participate due to a disability (461-001-0000) that prevents the individual from participating in the JOBS program, or the Department determines a needed and appropriate accommodation was not provided to the individual for a known disability.
(b) The JOBS disqualification penalty imposed under OAR 461-130-0330 ends on the last day of the calendar month following the month of closure when TANF program benefits are closed before any provisions in subsection (a) of this section are met. (For example, if TANF benefits closed the last day of November during an active third level penalty, the third level penalty disqualification will remain until the last day of December.)
(c) When the disqualification penalty is ended, later disqualifications begin at the first level (see OAR 461-130-0330).
(5) In the SNAP program:
(a) The disqualification imposed under OAR 461-130-0330(6)(a) for failure to meet the requirements in OAR 461-130-0315 ends, and ineligibility for SNAP is lifted in one of the following ways:
(A) When based on change in classification: The disqualification ends the date the individual's participation classification is changed by the Department to exempt (see OAR 461-130-0310). SNAP eligibility is restored the first day of the following month. If on an open SNAP case, they are restored to the benefit group on the first day of the following month.
(B) When based on serving the disqualification and providing agreement: The disqualification ends and SNAP eligibility is restored the first day of the month following the month in which the individual serves the applicable progressive disqualification (see OAR 461-130-0330) and agrees to the work requirements in OAR 461-130-0315. If on an open SNAP case, they are restored to the benefit group on the first day of the following month.
(b) An ABAWD who resides in one of the SNAP time-limit areas (see OAR 461-135-0520) who is ineligible to receive food benefits due to receiving three countable months (see OAR 461-135-0520) 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; SSP 7-2023, amend filed 01/24/2023, effective 2/1/2023

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.816, 412.009 & 412.049

Statutes/Other Implemented: ORS 409.010, 409.050, 411.060, 411.070, 411.816, 411.825, 411.837, 412.009, 412.049, 45 CFR 261.12, 45 CFR 261.13 & 45 CFR 261.14

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