Or. Admin. R. 461-135-0700 - Specific Requirements; GA

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

(1) For purposes of this rule, referring to an individual as "homeless" means any of the following:
(a) The individual does not have a fixed or regular nighttime residence.
(b) The individual provides the Department with verification, under OAR 461-115-0700, that they are required to leave their place of residence within the upcoming 90 days. If the individual is not able to provide documentation verification, the Department will accept, on a case-by-case basis, self-attestation under the following circumstances:
(A) Documentation does not exist at application; or
(B) Documentation is not reasonably available at application, such as in the case of homelessness, domestic violence, or natural disaster.
(c) The individual's primary residence is one of the following:
(A) A supervised shelter that provides temporary accommodations.
(B) A halfway house or residence for individuals who may become institutionalized.
(C) A temporary accommodation in another individual's or family's residence for 90 days or less.
(D) A place not designed to be or ordinarily used as a place for individuals to sleep, such as a hallway, bus station, or similar place.
(E) A place lacking consistent and operational access to essential utilities.
(F) A temporary accommodation rented or leased by another person or entity, on behalf of the individual, for 90 or fewer days.
(2) To be eligible for GA, an individual must meet all of the following requirements:
(a) The individual must be 18 years of age or older.
(b) The individual must be an individual who is homeless (see section (1) of this rule).
(c) The individual may not be in the same OSIPM household group (see OAR 461-110-0210) with his or her child (see OAR 461-001-0000).
(d) The individual may not be receiving TANF benefits.
(e) The individual must be eligible for and receiving OSIPM with a basis of need established under OAR 461-125-0370(1)(c).
(f) The individual may not be in a nonstandard living arrangement (see OAR 461-001-0000) other than at home receiving in-home services (see OAR 411-030-0020).
(g) The individual must complete the application process for Supplemental Security Income (SSI); cooperate with the Department in applying to the Social Security Administration for SSI; appeal all denials of SSI made below the Appeal's Council level; and attend all appointments designated by the Department relating to obtaining SSI. The Department must also receive verification from the Social Security Administration that the individual's application for SSI benefits has been received.
(h) The individual must meet the non-financial, non-disability requirements for SSI.
(i) The individual must complete and sign an interim assistance agreement authorizing the Department to recover interim GA benefits paid to the client (or paid to providers on the client's behalf) from the initial SSI payment or initial post-eligibility payment. The Social Security Administration must also receive the interim assistance agreement. The following provisions are considered part of the interim assistance agreement:
(A) Interim GA benefits include only those GA cash benefits paid during the period of time that the SSI benefit covers.
(B) For any month in which SSI is prorated, the Department may recover only a prorated amount of the interim GA cash benefit.
(C) If the Department is unable to stop delivery of a GA benefit issued after the SSI payment is made, the GA payment will be included in the interim assistance to be reimbursed to the Department.
(3) Financial Eligibility.
(a) The OSIPM income and resource methodology are used to determine financial eligibility for the GA program.
(b) The GA benefit amount is determined according to OAR 461-155-0210 and 461-160-0500.
(4) If the Department determines that the individual no longer has an impairment that meets the criteria in OAR 461-125-0370, the individual is ineligible for GA.
(5) An individual found by the Social Security Administration (SSA) not to meet disability criteria at the initial, reconsideration, or hearing level may continue receiving GA benefits until the disability claim is denied in a final decision by a Social Security Administration administrative law judge pursuant to 20 CFR § 416.1453.

Notes

Or. Admin. R. 461-135-0700
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90; AFS 20-1991, f. & cert. ef. 10-1-91; AFS 19-1993, f. & cert. ef. 10-1-93; AFS 6-1994, f. &cert. ef. 4-1-94; AFS 13-1995, f. 6-29-95, cert. ef. 7-1-95; AFS 4-1997(Temp), f. 4-30-97, cert. ef. 5-1-97; AFS 9-1997, f. & cert. ef. 7-1-97; AFS 19-1997, f. & cert. ef. 10-1-97; AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99; AFS 5-2000, f. 2-29-00, cert. ef. 3-1-00; AFS 10-2002, f. & cert. ef. 7-1-02; AFS 13-2002, f. & cert. ef. 10-1-02; SSP 29-2003(Temp), f. 10-31-03, cert. ef. 11-1-03 thru 3-31-04; SSP 36-2003(Temp), f. 12-31-03 cert. ef. 1-1-04 thru 3-31-04; SSP 6-2004, f. & cert. ef. 4-1-04; SSP 11-2004(Temp), f. & cert. ef. 4-15-04 thru 6-30-04; SSP 17-2004, f. & cert. ef. 7-1-04; SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16;SSP 31-2016, f. & cert. ef. 9/1/2016; SSP 33-2016, f. 9-30-16, cert. ef. 10/1/2016; SSP 45-2020, amend filed 12/22/2020, effective 1/1/2021

Statutory/Other Authority: ORS 411.060

Statutes/Other Implemented: ORS 411.710, OL 2016 & ch 93

The following state regulations pages link to this page.



State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.