Or. Admin. R. 461-135-0520 - Time Limit and Special Requirements for ABAWD; SNAP

This rule establishes the time limit and special requirements for receipt of SNAP benefits for certain adults.

(1) Unless the context indicates otherwise, the following definitions apply to rules in OAR chapter 461:
(a) "Able-bodied adult without dependents (ABAWD)" means:
(A) Through August 31, 2023, an individual 18 years of age or over, but under the age of 50, without dependents.
(B) Effective September 1, 2023 through September 30, 2023, an individual 18 years of age or over, but under the age of 51, without dependents.
(C) Effective October 1, 2023, an individual 18 years of age or over, but under the age of 53, without dependents.
(D) For purposes of this rule, an individual is "without dependents" if there is no minor(see ORS 419B.550) in the individual's filing group (see OAR 461-110-0310 and 461-110-0370).
(E) For purposes of this rule, an individual is not "without dependents" when -
(i) A minor has joined the individual's filing group, has not yet been added to the individual's SNAP case due to being on another SNAP case, and the minor will be added to the individual's SNAP case when the notice period ends (see OAR 461-175-0050).
(ii) A minor has joined the individual's filing group, has not yet been added to the individual's SNAP case due to effective date provisions, and the minor will be added to the individual's SNAP case when effective date provisions allow (see OAR 461-180-0010).
(b) "SNAP time-limit areas" means areas of Oregon in which the limitation on eligibility (see OAR 461-001-0000) for SNAP benefits for individuals with an ABAWD status in section 6(o)(2) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(o)(2)) applies. "SNAP time-limit areas" are Benton, Clackamas, Multnomah, Washington, and Yamhill counties.
(c) "SNAP time-limit exempt areas" means areas of Oregon in which the limitation on eligibility for SNAP benefits contained in section 6(o)(2) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(o)(2)) does not apply per a waiver approved by the United States Department of Agriculture. "Exempt areas" are:
(A) Baker, Clatsop, Columbia, Coos, Crook, Curry, Deschutes, Douglas, Gilliam, Grant, Harney, Hood River, Jackson, Jefferson, Josephine, Klamath, Lake, Lane, Lincoln, Linn, Malheur, Marion, Morrow, Polk, Sherman, Tillamook, Umatilla, Union, Wallowa, Wasco, and Wheeler counties. The reservation and trust lands of any Sovereign Tribal Nation located within those counties.
(B) The reservation and trust lands of the Burns Paiute Tribe; the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw; the Confederated Tribes of Siletz Indians; the Confederated Tribes of Grand Ronde; the Confederated Tribes of the Umatilla Indian Reservation; the Confederated Tribes of Warm Springs; the Coquille Indian Tribe; and the Cow Creek Band of Umpqua Tribe of Indians.
(2) Except as provided otherwise in this rule, an individual with an ABAWD status who resides in one of the SNAP time-limit areas (see section (1) of this rule) is ineligible to receive food benefits as a member of any household after the individual received food benefits for three countable months (see section (3) of this rule) during January 1, 2022 to December 31, 2024. Due to the COVID-19 pandemic and under OAR 461-135-0660, the Department shall not assign countable months until July 1, 2023, and after.
(3) "Countable months" means months within the 36-month period of January 1, 2022 to December 31, 2024 in which an individual as a member of any household receives SNAP benefits in Oregon or in any other state, unless at least one of the following applies:
(a) Benefits are prorated for the month.
(b) Effective July 6, 2023, the individual is exempt from the SNAP time limit for any part of the month for any of the following reasons:
(A) The individual resides for any part of the month in one of the SNAP time-limit exempt areas (see section (1) of this rule).
(B) The individual is pregnant.
(C) The individual meets the criteria under OAR 461-130-0310(3)(a) or (b).
(D) The individual is experiencing homelessness.
(E) The individual is a veteran of the US Armed Forces, regardless of discharge status.
(F) The individual is 24 years of age or younger and was in foster care on the date they turned 18 years of age, regardless of what state or agency provided the foster care.
(c) The individual participated in one or more of the activities in paragraphs (A) to (D) of this subsection for 20 hours per week averaged over the month. For purposes of this rule, 20 hours per week averaged monthly means 80 hours per month. (Activities may be combined in one month to meet the 20 hours per week averaged monthly requirement.)
(A) Work for pay, in exchange for goods or services, or unpaid work as a volunteer.
(i) Work in exchange for goods and services includes bartering and in-kind work.
(ii) Unpaid or voluntary work hours must be verified by the employer.
(iii) For self-employed individuals, countable income after deducting the costs of producing income (as described in OAR 461-145-0930(4)) must average at least the federal minimum wage times 20 hours per week.
(B) Participate in a program under the Workforce Investment Act of 1998, Pub. L. No. 105-220, 112 Stat. 936 (1998).
(C) Participate in a program under section 236 of the Trade Act of 1974, Pub. L. 93-618, 88 Stat. 2023, (1975) (19 U.S.C. 2296).
(D) Comply with the SNAP Employment and Training program requirements described in OAR 461-001-0020, 461-130-0305, and 461-130-0315. Work search activities must be combined with other work-related activities to equal 20 hours per week and may not exceed 9 hours per week.
(d) The individual complied with the Workfare requirements in OAR 461-190-0500.
(4) To remove a countable month, an individual must report they were exempt or submit evidence to the Department they met the 80 hour activity requirement.
(5) An individual with an ABAWD status who is ineligible under section (2) of this rule but otherwise eligible may regain eligibility if the requirements of subsections (a) or (b) of this section are met.
(a) The individual becomes exempt under subsection (3)(b) of this rule. Eligibility regained under this subsection begins on the date the individual files a new application and continues as long as the individual is exempt and is otherwise eligible. If not eligible on the filing date (see OAR 461-115-0040), eligibility begins the date all other eligibility requirements are met.
(b) The individual, during a consecutive 30-day period during which the individual is not receiving SNAP benefits, meets the requirements of subsection (3)(c) or (3)(d) of this rule.
(A) Eligibility regained under this subsection begins on the date the individual files a new application and continues as long as the individual meets the requirements of subsection (3)(c) or (3)(d) of this rule and is otherwise eligible. If not eligible on the filing date, eligibility begins the date all other eligibility requirements are met.
(B) There is no limit to how many times an individual may regain eligibility under this subsection during January 1, 2022 to December 31, 2024.
(c) See OAR 461-180-0010 to add an individual to an open SNAP case after the individual has regained eligibility under this section.
(6) An individual who regains eligibility under section (5) of this rule and later fails to comply with the participation requirements of subsection (3)(c) or (3)(d) of this rule may receive a second set of food benefits for three consecutive countable months. The countable months are determined as follows:
(a) If the individual stopped participation in a work program, countable months start when the Department notifies the individual they are no longer meeting the work requirement.
(b) If the individual stopped participation in a work program, countable months start when the individual notifies the Department they are no longer meeting the work requirement.
(c) If a change occurred which results in an individual becoming subject to the time limit in section (2) of this rule and the change was required to be reported under rules in OAR chapter 461, division 170, the countable months start when the change occurred.
(d) If a change occurred which results in an individual becoming subject to the time limit and the change was not required to be reported under rules in OAR chapter 461, division 170, countable months start when the Department notifies the individual they must meet the work requirement.
(e) An individual may only receive benefits without meeting the requirements of subsection (3)(c) or (3)(d) of this rule for no more than a total of six countable months during January 1, 2022 to December 31, 2024.
(7) The Department is authorizing the use of discretionary exemptions, granted by the Food and Nutrition Service, for individuals with an ABAWD status who are at risk of having their benefits closed or reduced. Under these special exemptions, individuals will be eligible to receive a discretionary exemption each month beginning July 2023.
(a) Effective January 1, 2024, a discretionary exemption shall be issued for each month an individual meets one of the following:
(A) The individual resides in one of the following SNAP time-limit areas that will not be offering ABAWD support services: Benton, Clackamas and Yamhill counties.
(B) The individual resides in an area offering ABAWD support services but is not eligible for those support services due to lacking USCIS work authorization (also called employment authorization).
(C) The individual is subject to the SNAP time limits during September 2023 due to being 50 years of age.
(D) The individual is subject to the SNAP time limits starting October 2023 through December 2023 due to being 50 through 52 years of age.
(E) The individual is impacted by an identified ONE system defect which will result in an incorrect eligibility decision and the central office SNAP Policy Analyst Unit has determined a discretionary exemption shall be issued.
(F) The individual is a resource parent (see OAR 413-015-0115) choosing not to apply for SNAP benefits for a foster child in their care and household group (see OAR 461-110-0210).
(b) The following restrictions apply:
(A) A discretionary exemption is only valid for one month at a time.
(B) A discretionary exemption may not be granted for a previous month.
(C) The Department will not disqualify an individual with an ABAWD status from the SNAP program for non-participation when they have been issued a discretionary exemption for the following month.
(8) An individual with an ABAWD status involved in the activities specified in subsection (3)(c) or (3)(d) of this rule or an activity listed in the individual's case plan (see OAR 461-001-0020) is eligible for support service payments necessary for transportation and other costs related to completing the activity as allowed by OAR 461-190-0360.

Notes

Or. Admin. R. 461-135-0520
AFS 39-1996(Temp), f. 11-27-96, cert. ef. 12-1-96; AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97; AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97; AFS 5-1997, f. 4-30-97, cert. ef. 5-1-97; AFS 19-1997, f. & cert. ef. 10-1-97; AFS 24-1997, f. 12-31-97, cert. ef. 1-1-98; AFS 6-1998(Temp), f. 3-30-98, cert. ef. 4-1-98 thru 5-31-98; AFS 8-1998, f. 4-28-98, cert. ef. 5-1-98; AFS 15-1998(Temp), f. 9-15-98, cert. ef.10-1-98 thru 10-31-98; AFS 17-1998, f. & cert. ef. 10-1-98; AFS 22-1998, f. 10-30-98, cert. ef. 11-1-98; AFS 15-1999, f. 11-30-99, cert. ef. 12-1-999; AFS 12-2000(Temp), f. 5-1-00, cert. ef. 5-1-00 thru 9-30-00; AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00; AFS 34-2000, f. 12-22-00, cert. ef. 1-1-01; AFS 8-2001, f. & cert. ef. 5-1-01; AFS 8-2002, f. & cert. ef. 5-1-02; AFS 13-2002, f. & cert. ef. 10-1-02; SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07; SSP 37-2015, f. 12-23-15, cert. ef. 1/1/2016; SSP 6-2016(Temp), f. & cert. ef. 2-5-16 thru 8-2-16; SSP 10-2016(Temp), f. & cert. ef. 3-2-16 thru 8-2-16 SSP 15-2016, f. & cert. ef. 4/1/2016; SSP 16-2016(Temp), f. & cert. ef. 4-5-16 thru 4-30-16; SSP 18-2016(Temp), f. 4-29-16, cert. ef. 5-1-16 thru 6-30-16; Reverted to SSP 15-2016, f. & cert. ef. 4-1-16; SSP 35-2016, f. 9-30-16, cert. ef. 10/1/2016; SSP 38-2016(Temp), f. & cert. ef. 10-19-16 thru 4-16-17; SSP 45-2016, f. 12-20-16, cert. ef. 1/1/2017; SSP 25-2017(Temp), f. 9-15-17, cert. ef. 10-1-17 thru 1-31-18; SSP 34-2017, amend filed 12/18/2017, effective 01/01/2018; SSP 6-2018, temporary amend filed 01/30/2018, effective 02/01/2018 through 02/28/2018; SSP 14-2018, temporary amend filed 03/28/2018, effective 04/01/2018 through 04/30/2018; SSP 24-2018, temporary amend filed 06/28/2018, effective 07/01/2018 through 09/30/2018; SSP 37-2018, temporary amend filed 12/07/2018, effective 01/01/2019 through 03/31/2019; SSP 7-2019, amend filed 03/11/2019, effective 04/01/2019; SSP 11-2019, temporary amend filed 04/01/2019, effective 04/01/2019 through 09/26/2019; SSP 21-2019, temporary amend filed 09/30/2019, effective 10/1/2019 through 12/31/2019; SSP 25-2019, amend filed 12/24/2019, effective 1/1/2020; SSP 1-2021, temporary amend filed 01/22/2021, effective 1/25/2021 through 7/23/2021; SSP 26-2021, amend filed 03/24/2021, effective 4/1/2021; SSP 51-2021, temporary amend filed 09/30/2021, effective 10/1/2021 through 3/27/2022; SSP 76-2021, temporary amend filed 12/20/2021, effective 1/1/2022 through 3/27/2022; SSP 7-2022, amend filed 02/03/2022, effective 2/18/2022; SSP 43-2022, temporary amend filed 08/18/2022, effective 8/18/2022 through 2/13/2023; SSP 59-2022, amend filed 12/27/2022, effective 1/1/2023; SSP 22-2023, amend filed 06/26/2023, effective 7/1/2023; SSP 27-2023, minor correction filed 07/18/2023, effective 7/18/2023; SSP 45-2023, temporary amend filed 09/19/2023, effective 9/19/2023 through 1/2/2024; SSP 53-2023, amend filed 12/21/2023, effective 1/1/2024

Publication.: Publications referenced are available from the agency.

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.121 & 411.816

Statutes/Other Implemented: 7 USC 2015, 7 USC 2029, 7 CFR 273.7, 7 CFR 273.24, ORS 409.010, 409.050, 411.060, 411.070, 411.121, 411.816, 411.825 & 411.837

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