Or. Admin. R. 461-135-0915 - Specific Requirements; REF

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

In the REF program:

(1) To be eligible, an individual must be determined ineligible for TANF.
(2) As used in this rule:
(a) Except as provided otherwise in this section, "good cause" means a reasonable person of normal sensitivity, exercising ordinary common sense under similar circumstances, would have:
(A) Quit work, including in anticipation of discharge;
(B) Participated in behavior leading to the individual's discharge; or
(C) Voluntarily reduced work hours.
(b) For an individual with a physical or mental impairment (as defined at 29 CFR 1630.2(h) ), except as provided otherwise in subsection (c) of this section, "good cause" for leaving work means that a reasonable person with the characteristics and qualities of such individual under similar circumstances would have:
(A) Quit work, including in anticipation of discharge;
(B) Participated in behavior leading to the individual's discharge; or
(C) Voluntarily reduced work hours.
(c) There is no "good cause" if the reason for separation from employment is a labor dispute.
(3) Except as provided otherwise under section (5) of this rule, a member of the need group (see OAR 461-110-0630) has a "violation" if that individual voluntarily quit employment or refused to accept an offer of employment in which that member was hired to work 100 or more hours per month or worked or was scheduled to work 100 or more hours:
(a) Within 30 days prior of the filing date (see OAR 461-115-0040) for REF benefits; or
(b) While receiving REF program benefits.
(4) A member of the need group is not eligible for REF program benefits:
(a) For the first violation (see section (3) of this rule), three payments months from the date that member of the need group was separated from their employment, voluntarily quit their employment, or refused to accept an offer of employment.
(b) For the second violation, six payments months from the date that member of the need group was separated from their employment, voluntarily quit their employment, or refused to accept an offer of employment.
(5) A need group does not have a violation based on section (3) of this rule if at least one of the following subsections applies:
(a) The member was unable to work due to a disability or medical condition documented by a qualified and appropriate professional, and which is expected to last for 30 days or more from the filing date for REF program benefits.
(b) The member was separated from employment for a reason the Department determines is good cause as defined in section (2) of this rule.
(c) The member was separated from employment as a result of a layoff.
(d) The member was pregnant and experiencing medical complications due to the pregnancy that prohibit participation in activities of the program and are documented by a qualified and appropriate professional.
(e) The member was fleeing from or at risk of domestic violence (see OAR 461-001-0000).

Notes

Or. Admin. R. 461-135-0915
SSP 10-2017, f. 3-24-17, cert. ef. 4/1/2017; SSP 22-2017, f. 9-8-17 & cert. ef. 10/1/2017

Stat. Auth.: ORS 409.050, 411.060, 411.404

Stats. Implemented: ORS 409.010, 411.060, 411.404

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.