Or. Admin. R. 461-135-1230 - Benefits; TA-DVS

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

In the TA-DVS program:

(1) A client may receive TA-DVS program benefits of the program for up to 90 days from the date the client was found eligible.
(a) Two 90-day eligibility periods may not overlap.
(b) Once a 90-day eligibility period has expired, the client may reapply for TA-DVS program under OAR 461-135-1200(2).
(2) A recipient may receive benefits simultaneously from the TA-DVS and TANF programs.
(3) A client may receive benefits under the TA-DVS program not to exceed $1,200 during the 90-day eligibility period.
(4) The Department does not make payments -
(a) After the 90-day eligibility period unless all of the needed payment verification was received by the Department by day 90 and payment was not able to be issued due to Department error.
(b) Notwithstanding subsection (a) of this section, more than 10 days after the last day of the eligibility period.
(5) TA-DVS benefits address a specific crisis situation or episode of need related to the applicant's domestic violence (see OAR 461-001-0000) situation (such as securing new or temporary housing, payment of security deposit, first month's rent, moving expenses, furniture, and clothing replacement). TA-DVS benefits are not utilized to meet current ongoing or recurrent needs expected to continue beyond 90 days and are not used for the following items even if the recipient believes the item would contribute to the recipient's safety:
(a) Payment for attorney or other legal fees;
(b) Payment of a fine or other penalty;
(c) Payment of outstanding or past due costs such as rent or utilities when the individual does not intend to stay in the residence or the need for the payment was not related to the current domestic violence situation;
(d) Payment of a pet fee (unless the pet is a service animal, and only when the service status has been verified by a qualified and appropriate medical professional);
(e) Payment for relocation of household or personal belongings from another state;
(f) Purchase of a car (including making car payments) or recreational vehicle, including a travel trailer;
(g) Purchase of a firearm or other weapon;
(h) Purchase of new furniture unless --
(A) The new furniture is not available through a community resource;
(B) A less costly alternative for acquiring the new furniture is not available;
(C) The old furniture was left behind when the individual fled domestic violence; and
(D) The new furniture is essential to setting up a household (such as beds, dressers, a dining room table and chairs, a couch).
(i) Purchase of a non-essential item such as a television or computer, or service such as cable, satellite, internet, even if such an item or service was left behind when the individual fled the domestic violence situation; or
(j) Purchase of a pet or guard animal.
(k) Payment of a request about which inaccurate information was provided.
(l) Payment without verification to the extent required under OAR 461-115-0610.
(6) The recipient and the Department prepare a case plan that identifies activities necessary to enhance the safety of the family. The case plan specifies the payments the Department makes to meet the needs for shelter and food and for relocation or other services that will enhance safety.
(7) A recipient's available liquid resources may be considered when developing the case plan.
(8) A payment issued for an item in the case plan is issued as a dual-payee or vendor-pay check unless the use of a dual-payee or vendor-pay check is likely to put the recipient at risk of harm.
(9) Reimbursements are not an allowable payment unless payment was pre-authorized by the Department and the reason for purchase was related to the current episode of need related to the domestic violence situation.

Notes

Or. Admin. R. 461-135-1230
AFS 9-1999, f. & cert. ef. 7-1-99; AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00; SSP 8-2004, f. & cert. ef. 4-1-04; SSP 10-2007, f. & cert. ef. 10-1-07; SSP 5-2009, f. & cert. ef. 4-1-09; SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10; SSP 34-2017, amend filed 12/18/2017, effective 1/1/2018

Statutory/Other Authority: 411.060, ORS 409.050, 411.070 & 412.049

Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 411.117 & 412.049

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