Current through Register Vol. 61, No. 4, April 1, 2022
purposes of this rule, referring to an individual as "homeless" means any of
(a) The individual does not
have a fixed or regular nighttime residence.
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
is not reasonably available at application, such as in the case of
homelessness, domestic violence, or natural disaster.
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
(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
To be eligible for GA, an individual must
meet all of the following requirements:
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).
The individual may not be in the same
OSIPM household group (see OAR 461-110-0210
) with his or her child (see OAR
(d) The individual
may not be receiving TANF benefits.
The individual must be eligible for and
receiving OSIPM with a basis of need established under OAR
individual may not be in a nonstandard living arrangement (see OAR
) other than at home receiving in-home services (see OAR
(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
(h) The individual must
meet the non-financial, non-disability requirements for SSI.
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
(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.
(a) The OSIPM income and resource methodology
are used to determine financial eligibility for the GA program.
If the Department determines that the
individual no longer has an impairment that meets the criteria in OAR
, the individual is ineligible for GA.
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 §
Or. Admin. R.
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.
33-2016, f. 9-30-16, cert. ef.
45-2020, amend filed 12/22/2020, effective
Statutory/Other Authority: ORS
Statutes/Other Implemented: ORS
OL 2016 & ch 93