The provisions in this rule apply to the SNAP program.
The Department suspends the following
rule sections regarding the SNAP program as provided in this rule:
The Department amends the
following rules and rule sections regarding the SNAP program as provided in
Per the Families First Coronavirus Act,
Title 3, Section 2301:
SNAP time limit
work requirements for ABAWDs (see OAR 461-135-0520
) are temporarily
ABAWDs will not be
subject to earning countable months
(see OAR 461-135-0520
An individual who
the Department has determined is mandatory (see OAR 461-130-0305
) will be
granted "good cause" (see OAR 461-130-0327
) if the reason for not accepting
employment or for leaving a job was due to the individual's concerns regarding
their health due to the COVID-19 pandemic.
Notwithstanding OAR 461-115-0450
beginning March 2020, the Department may extend a certification
(see OAR 461-001-0000
) before the certification
(a) The Department's
Central Office shall determine the length of the certification
period extension, criteria for selection, and select the cases whose
certification period are extended.
(b) Selection for certification
period extension is not a hearable issue.
Notwithstanding OAR 461-170-0102
beginning March 2020, the Department may waive the requirement to submit an
Interim Change Report or a Mid-Certification Review; and beginning April 2022,
the Department may waive the requirement to submit a Periodic Report, in order
to continue receiving benefits:
Department's Central Office shall determine the criteria for selection and
select the cases whose Interim Change Report, Mid-Certification Review, or
Periodic Report are waived.
Selection for waiver is not a hearable issue.
Emergency allotments (supplements) are
permitted through USDA waiver under Families First coronavirus Response Act of
2020. The Department may issue an emergency allotment of SNAP benefits for any
months approved for an emergency allotment by the Food and Nutrition Service,
with the following limitations:
emergency allotment does not change the benefit level, calculated under OAR
, for the benefit group
allotment shall be issued on a date determined by the Department, not subject
to OAR 461-165-0100
April 2020, and except as provided in paragraphs (A) and (B) of this
subsection, the amount of the emergency allotment shall be the difference
between the benefit level calculated under OAR 461-160-0400
and the maximum
Payment Standard for the number of individuals in the benefit
If there is no difference, no emergency allotment shall be
(A) Beginning April 2021, if the
difference calculated equals an amount less than $95, the amount emergency
allotment shall be $95.
Beginning May 2021, if the benefit level calculated under OAR 461-160-0400
is $0, no emergency allotment shall be
Food and Nutrition Service makes a change that ends, reduces, or suspends the
(see OAR 461-001-0000
) is required. The Department is not
required to mail a notice of intended action.
The Department shall publicize the change
using one or more of the following methods:
(i) Informing the public through the news
(ii) Placing posters in the
offices that serve affected individuals, in the locations where SNAP is issued,
and at other sites frequented by individuals receiving SNAP.
(iii) Mailing a general notice to the
households of affected recipients.
Excepting an overpayment (see OAR
), there is no right to hearing to dispute emergency allotment and
no right to continuing benefits.
For applications with a filing
(see OAR 461-115-0040
) established on or after March 23, 2020,
the Department -
May waive the requirement
under OAR 461-115-0020
section (1) to meet the interview requirements in order
to complete the application process.
May suspend the requirement under OAR
(3)(b) to grant a face-to-face interview at the applicant's
Retroactively effective January 16, 2021: In addition to the provisions under
section (3) of OAR 461-135-0570
, to be eligible for SNAP benefits, a
student of higher education
(see OAR 461-135-0570
) may also
meet the requirements of one of the following subsections:
(a) The student of higher
education is eligible to participate in state or federally funded work
study program during the regular school year.
(b) The student of higher education
has an Expected Family Contribution (EFC) of $0 in the current
academic year, as determined through the Free Application for Federal Student
(a) Listed in sections (3) and
(4) of this rule end on the last day of the month in which the public health
emergency declaration made by the Secretary of Health and Human Services under
section 319 of the Public Health Service Act based on an outbreak of
coronavirus disease 2019 (COVID-19) is lifted.
(b) Listed in section (9) of this rule end 30
days after the day upon which the public health emergency declaration made by
the Secretary of Health and Human Services under section 319 of the Public
Health Service Act based on an outbreak of coronavirus disease 2019 (COVID-19)