Or. Admin. R. 461-135-0493 - Eligibility and Benefit Amount for DSNAP

Current through Register Vol. 61, No. 4, April 1, 2022

(1) To be eligible for emergency SNAP assistance during a disaster, a household (see OAR 461-135-0491) must meet all the following criteria:
(a) At the time the disaster struck, the household must have resided or a member of the household must have worked within the geographical area authorized by Food and Nutrition Service (FNS) for disaster procedures. The household may be certified for emergency SNAP assistance, even if at the time of application it is occupying temporary accommodations outside the disaster area. However, the representative of the household must be present at the disaster certification site to be certified for DSNAP assistance.
(b) The household must purchase food during the disaster period authorized by FNS. A household residing in a temporary shelter but not expected to remain in the shelter for the entire benefit period is eligible for DSNAP program benefits.
(c) The household may not receive a food box under the Disaster Household Distribution Program authorized under TEFAP during the DSNAP application period.
(d) The household may not receive benefits under Food Distribution Program on Indian Reservations (FDPIR) during the DSNAP benefit period authorized by FNS.
(e) The household must have experienced at least one of the following adverse effects due to the disaster:
(A) Loss or inaccessibility of income involving a reduction or termination of income or a significant delay in receipt of income. This effect could occur if the disaster has caused a place of employment to close or reduce its work days, if pay checks or other payments are lost or destroyed, or if there is a significant delay in the issuance of pay checks or other payments. This effect could also occur if the work location is inaccessible due to the disaster.
(B) Inaccessibility of liquid resources. The household is unable to reach its cash resources and is not expected to be able to access its liquid resources for most of the disaster benefit period authorized by FNS. This inaccessibility may occur because the financial institutions where the household has its resources are closed due to the disaster and there is no access to ATMs or on-line banking .
(C) Loss of food that is not eligible for a SNAP benefit replacement.
(D) Disaster-related expenses were paid under subsection (2)(b) of this rule.
(2) To be eligible for emergency SNAP assistance during a disaster, the take-home pay of the household for the disaster benefits period authorized by FNS, plus its cash resources (cash on hand and accessible funds in checking and savings accounts), less disaster-related expenses, must be less than or equal to the DSNAP income standard (see OAR 461-155-0180) for the size of the household and the length of the disaster benefit period (see sections (3) and (4) of this rule).
(a) For DSNAP, take-home pay includes all of the following to the extent accessible during the benefit period:
(A) The wages a household actually receives after taxes and other payroll withholdings are taken out.
(B) The assistance payment or other unearned income a household received.
(C) Self-employment income earned after taxes for personal income and social security as well as actual costs of producing the self-employment income are subtracted. Allowable costs of producing the self-employment income are described in OAR 461-145-0920 and 461-145-0930.
(b) For DSNAP, disaster-related expenses include expenses the household has paid or is expected to pay for one of the following expenses during the disaster benefit period authorized by FNS if full reimbursement is not expected during this disaster benefit period. If the household has received or reasonably anticipates receiving a reimbursement for part or all of the expense during the disaster benefit period, only the net expense to the household is deductible. An expense charged to a credit card is not an allowable expense if the credit card bill is paid after the disaster benefit period. No expenses are considered other than the following:
(A) Expenses to repair damages to the home or other property of the household essential to the employment or self-employment of a household member;
(B) Expenses for temporary shelter during evacuation or if the home of the household is not livable or if the household cannot reach its home;
(C) Expenses related to protecting property from disaster damage, including payment for the packing and storage of the items;
(D) Expenses to clean up the home or business following the disaster;
(E) Expenses related to replacing necessary personal and household items, such as clothing, appliances, tools, and educational materials;
(F) Medical expenses for disaster-related injury to a person who was a household member at the time of the disaster (including funeral and burial expenses in the event of death);
(G) Expenses to repair a vehicle damaged in the disaster;
(H) Pet boarding fees when a pet must be placed in boarding due to a disaster; and
(I) Dependent care expenses incurred during the disaster.
(J) Replacing fuel damaged or destroyed by the disaster (including a wood supply used for heat).
(3) The disaster benefit period, including its beginning and end date, is determined by the Food and Nutrition Service to be a full-month period or half-month period.
(4) If the disaster benefit period is a full-month:
(a) For a household not already receiving SNAP benefits:
(A) Income over the full-month period and all accessible resources are counted;
(B) Disaster-related expenses (described in subsection (2)(b) of this rule) paid, or expected to be paid during the full-month period, are deducted;
(C) The income limit is the DSNAP income standard (see OAR 461-155-0180); and
(D) The benefit amount is equal to the full month DSNAP payment standard monthly amount (see OAR 461-155-0190).
(b) For a filing group (see OAR 461-110-0370) already receiving SNAP benefits, see OAR 461-135-0494.
(5) If the disaster benefit period is for a half-month:
(a) For a household not already receiving SNAP benefits:
(A) Income over the half-month period and all accessible resources are counted;
(B) Disaster-related expenses (described in subsection (3)(b) of this rule) paid, or expected to be paid during the half-month period, are deducted;
(C) The income limit is one-half of the DSNAP income standard (see OAR 461-155-0180); and
(D) The benefit amount is equal to one-half of the full month DSNAP payment standard monthly amount (see OAR 461-155-0190).
(b) For a filing group already receiving SNAP benefits, see OAR 461-135-0494.
(6) The full amount of accessible cash resources must be counted, regardless of the length of the disaster benefit period.
(7) No DSNAP program benefits are authorized after the expiration of the period for which the Department is authorized by FNS to process and approve applications for this emergency SNAP assistance.
(8) A household determined eligible must receive benefits no later than three days after the date of application. If the third day falls on a weekend or holiday, benefits must be issued on either:
(a) The second day; or
(b) The first day if the second day is also a weekend or holiday.

Notes

Or. Admin. R. 461-135-0493
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07; SSP 13-2007(Temp), f. & cert. ef. 12-17-07 thru 12-31-07, Reverted to SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07; SSP 23-2008, f. & cert. ef. 10-1-08; SSP 13-2017, f. 6-5-17, cert. ef. 7/1/2017; SSP 35-2018, amend filed 12/04/2018, effective 1/1/2019; SSP 20-2019, amend filed 09/19/2019, effective 10/1/2019; SSP 1-2020, minor correction filed 01/22/2020, effective 1/22/2020; SSP 38-2020, temporary amend filed 10/16/2020, effective 10/16/2020 through 4/13/2021; SSP 26-2021, amend filed 03/24/2021, effective 4/1/2021

Statutory/Other Authority: ORS 409.050 & 411.816

Statutes/Other Implemented: ORS 409.010, 411.816 & 7 CFR 280.1

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