Or. Admin. R. 461-135-0510 - Residents of Institutions; SNAP

Residents of institutions that provide more than 50 percent of three daily meals as a part of the normal services of the institution are ineligible for SNAP benefits, unless they fall into one of the following five exceptions to this rule:

(1) The individual is a resident of federally subsidized housing for the elderly built under either section 202 of the Housing Act of 1959 or section 236 of the National Housing Act.

(2) The individual, and any children also residing with the individual, resides at a facility or treatment center for the purpose of regular participation in a drug and alcohol treatment and rehabilitation program (see OAR 461-001-0015) that meets the following criteria:

(a) The drug and alcohol treatment and rehabilitation program is conducted by a private nonprofit organization or institution, or a publicly operated community mental health center that-

(A) Qualifies under part B of title XIX of the Public Health Service Act to receive funds, even if it does not actually receive funding under part B of title XIX; or

(B) Is authorized as a retailer by the Food and Nutrition Service (FNS).

(b) Residents of a drug and alcohol treatment and rehabilitation program must apply and be certified in accordance with OAR 461-115-0020, through an authorized representative (see OAR 461-115-0090 and OAR 461-115-0145) employed by the facility and designated for that purpose.

(3) The individual is a resident of a group living arrangement (see OAR 461-001-0015) and is blind or disabled (see OAR 461-001-0015).

(4) The individual resides at a public or private nonprofit shelter for homeless persons.

(5) The individual is a temporary resident of domestic violence shelters (see OAR 461-001-0000).

Notes

Or. Admin. R. 461-135-0510

AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90; AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91; AFS 24-1997, f. 12-31-97, cert. ef. 1-1-98; AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99; SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05; SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07; SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07; SSP 34-2017, amend filed 12/18/2017, effective 1/1/2018; SSP 25-2019, amend filed 12/24/2019, effective 1/1/2020

Statutory/Other Authority: ORS 411.816

Statutes/Other Implemented: ORS 411.816 & 7 CFR 273.11